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Summary of differences between federal and state regulations
The state of Texas follows the federal rule on the amounts which may be withheld, but protects employees whose wages have been garnished from action by the employer.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Administrative fee for certain costs incurred by employers
Texas Civil Practice & Remedies Code, Title 3, Chapter 63, Ann. §63.006
(a) An employer who is required by state or federal law to deduct from the current wages of an employee an amount garnished under a withholding order may deduct monthly an administrative fee as provided by Subsection (b) from the employee's disposable earnings in addition to the amount required to be withheld under the withholding order. This section does not apply to income withholding under Chapter 158, Family Code.
(b) The administrative fee deducted under Subsection (a) may not exceed the lesser of:
(b)(1) the actual administrative cost incurred by the employer in complying with the withholding order; or
(b)(2) $10.
Texas Family Code, Title 1, Chapter 8, Subchapter E, §8.204 and following (child support withholding)
(Extensive rules regarding garnishment for child support.)
Employer may deduct fee from earnings
Texas Family Code, Title 1, Chapter 8, Subchapter E, §8.204
An employer may deduct an administrative fee of not more than $5 each month from the obligor's disposable earnings in addition to the amount withheld as spousal maintenance.
Liability and obligation of employer for payments
Texas Family Code, Title 1, Chapter 8, Subchapter E, §8.206
(a) An employer who complies with an order or writ of withholding under this chapter is not liable to the obligor for the amount of income withheld and remitted as required by the order or writ.
(b) An employer who receives, but does not comply with, an order or writ of withholding is liable to:
(b)(1) the obligee for any amount of spousal maintenance not paid in compliance with the order or writ;
(b)(2) the obligor for any amount withheld from the obligor's disposable earnings, but not remitted to the obligee; and
(b)(3) the obligee or obligor for reasonable attorney's fees and court costs incurred in recovering an amount described by Subdivision (1) or (2).
(c) An employer shall comply with an order of withholding for spousal maintenance or alimony issued in another state that appears regular on its face in the same manner as an order issued by a tribunal of this state. The employer shall notify the employee of the order and comply with the order in the manner provided by Subchapter F, Chapter 159, with respect to an order of withholding for child support issued by another state. The employer may contest the order of withholding in the manner provided by that subchapter with respect to an order of withholding for child support issued by another state.
Employer’s liability for discriminatory hiring or discharge
Texas Family Code, Title 1, Chapter 8, Subchapter E, §8.208
(a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment of, or for any other disciplinary action against, an employee.
(b) An employer may not refuse to hire an employee because of an order or writ of withholding.
(c) An employer who intentionally discharges an employee in violation of this section is liable to that employee for current wages, other employment benefits, and reasonable attorney's fees and court costs incurred in enforcing the employee's rights.
(d) In addition to liability imposed under Subsection (c), the court shall order with respect to an employee whose employment was suspended or terminated in violation of this section appropriate injunctive relief, including reinstatement of:
(d)(1) the employee's position with the employer; and
(d)(2) fringe benefits or seniority lost as a result of the suspension or termination.
(e) An employee may bring an action to enforce the employee's rights under this section.
Penalty for noncompliance
Texas Family Code, Title 1, Chapter 8, Subchapter E, §8.209
(a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates this chapter by failing to withhold income for spousal maintenance or to remit withheld income in accordance with an order or writ of withholding issued under this chapter commits an offense.
(b) An offense under this section is punishable by a fine not to exceed $200 for each violation.
Notice of termination of employment and of new employment
Texas Family Code, Title 1, Chapter 8, Subchapter E, §8.210
(a) An obligor who terminates employment with an employer who has been withholding income and the obligor's employer shall each notify the court and the obligee of:
(a)(1) the termination of employment not later than the seventh day after the date of termination;
(a)(2) the obligor's last known address; and
(a)(3) the name and address of the obligor's new employer, if known.
(b) The obligor shall inform a subsequent employer of the order or writ of withholding after obtaining employment.
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.