Iwould like to know the percentage of garnishment that can be taken from my wages?

I would like to know the percentage of garnishment in TX. My employer is taking 15% for student loans right now and I have child support taking out right now at 20%.

Asked on September 15, 2010 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In TX no wage garnishments are allowed, except for certain debt obligations; unfortunately for you child support and federal student loans are among them.  Additionally, typically no more than 25% of an individual's wages can be garnished, but again with the exception of child support and federal student loans.  In such a case potentially as much as 50% can be garnished; so that would put your 35% garnishment within legal limits.

If you feel that you are being over-withheld, you should direct your concerns to the court or agency that issued the wage withholding order or speak with an attorney who can more fully advise you as to your rights.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, Texas does not allow any wage garnishment. Unfortunately, there are exceptions, and those exceptions are for child support and student loans (also certain taxes). Even worse, while normally, the federal (basically national) limit on garnishment is a total of 25% of disposable income (i.e. income left over after the basic costs of living), that thresholed is much higher for child support--as high as 50%, I believe, which means your total garnishment of 35% might stand. You should consult with an attorney who can examine the facts of your case in detail and confirm whether the garnishment in your situation is proper; however, from what you write, nothing, unfortunately, seems improper on its face.


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