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Summary of differences between federal and state regulations
The State of New Jersey has a number of statutes addressing garnishment of wages.
Exempt from garnishment
The first $142.50 of each weeks earnings are exempt from garnishment. Garnishment may not exceed 10% of gross earnings above this amount.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
New Jersey Statutes, §2A:17-56.11. Notice to payor; binding
5 a. An income withholding made under P.L.1981, c.417 (C.2A:17-56.8 et seq.) and provisions for health care coverage shall be binding upon the payor and successor payors immediately after service upon the payor by the Probation Division of a copy of the income withholding and an order for the provision of health care coverage, by regular mail. The payor is to pay the withheld amount to the Probation Division at the same time the obligor is paid. The payor shall implement withholding and the provisions for health care coverage no later than the first pay period that ends immediately after the date the notice was postmarked, except that the payor is not required to alter regular pay cycles to comply with the withholding. For each payment, other than payment received from the unemployment compensation fund, the payor may receive $1.00, which shall be deducted from the obligor's income in addition to the amount of the support order to compensate the payor for the administrative expense of processing the withholding.
New Jersey Statutes, §2A:17-56.12. No discharge or discipline; suit by obligor
New Jersey Statutes, §2C:40A-3. Wrongful discharge of employee
11. Wrongful discharge of employee.
a. An employer who discharges an employee or takes any other disciplinary action against the employee because the employee's earnings have been subjected to garnishment commits a disorderly persons offense.
2A:17-56. Limitation on amount specified in execution
In no case shall the amount specified in an execution issued out of any court against the wages, debts, earnings, salary, income from trust funds or profits due and owing, or which may thereafter become due and owing to a judgment debtor, exceed 10%, unless the income of such debtor shall exceed the sum of $7,500.00 per annum, in which case the court out of which the execution shall issue may order a larger percentage.
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.