Federal law authorizes the pay of active, reserve, and retired members of the military and the pay of civilian employees of the Federal government to be garnished (or attached) for the payment of child and/or spousal support.
There are voluntary and involuntary garnishments, usually an involuntary garnishment requires a court-order unless it is to repay a debt to the federal government.
Garnishment is limited, by law, to the lesser of:
- 25% of disposable earnings for that week, or
- The amount by which disposable earnings for that week exceed thirty times the Federal minimum hourly wage in effect at the time the earnings are payable;
Exceptions of Garnishment Limits
The restrictions/limits of above do not apply in the case of
- Any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
- Any order of any court of the United States having jurisdiction such over cases.
- Any debt due for any State or Federal tax.