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['Wage and Hour']
['Garnishment']
04/08/2024
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Summary of differences between federal and state regulations
The state of North Carolina has several statutes which address garnishment of wages. Most of the employer’s responsibilities are found in §110-136 Garnishment for enforcement of child-support obligation.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Garnishment for enforcement of child-support obligation.
NC General Statute – Chapter 110, Article 9 (§110-136)
(a)Notwithstanding any other provision of the law, in any case in which a responsible parent is under a court order or has entered into a written agreement pursuant to G.S. 110-132 or 110-133 to provide child support, a judge of the district court in the county where the mother of the child resides or is found, or in the county where the father resides or is found, or in the county where the child resides or is found may enter an order of garnishment whereby no more than forty percent (40%) of the responsible parent's monthly disposable earnings shall be garnished for the support of his minor child.
(c) The amount garnished shall be increased by an additional one dollar ($1.00) processing fee to be assessed and retained by the employer for each payment under the order.
Notice to payor; payor’s responsibilities
NC General Statute – Chapter 110, Article 9 (§110-136.8)
A payor shall not discharge from employment, refuse to employ, or otherwise take disciplinary action against any obligor solely because of the withholding.
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.
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