What Is Wage Garnishment
Wage garnishment is a court-ordered deduction from an employee's paycheck that goes directly to a spouse or ex-spouse for child support, spousal support, or both. The employer withholds the money before the employee receives their paycheck and sends it to the state child support enforcement agency or directly to the receiving party.
How It Works in Divorce
When a divorce judgment includes a support obligation, the court typically enters an immediate withholding order. This order goes directly to the employer's payroll department. The employer must comply within a specified timeframe, usually 7 to 14 days depending on your state. The withholding continues until the support obligation ends, either through full payment or change in circumstances that the court approves.
The amount withheld cannot exceed 50% of disposable income if the obligor has no other dependents, or up to 60% if they do. Some states allow an additional 5% penalty if payments are in arrears. These percentages are set by federal law under the Consumer Credit Protection Act and apply uniformly across all 50 states.
State-Specific Requirements
Each state handles garnishment slightly differently. In community property states like California or Texas, garnishment may apply to both spouses' income depending on the property division agreement. In equitable distribution states, only the spouse owing support faces garnishment. Some states require notice to the obligor before garnishment begins, while others process it automatically once the judgment is entered. Your divorce attorney should clarify your state's specific rules, as failure to comply with a garnishment order can result in Contempt of Court charges.
Child Support and Spousal Support
Wage garnishment most commonly enforces Child Support obligations. A parent who owes $500 per month in child support will have that amount withheld from each paycheck. Spousal support (alimony) can also be garnished, though it's treated differently in some states and may have different durational limits depending on your divorce decree. If both obligations exist, the court specifies the priority order for withholding.
Common Questions
- What happens if my employer doesn't comply with the garnishment order? Your employer can face penalties and liability. If you suspect non-compliance, notify your state's child support enforcement agency immediately, as they have enforcement authority.
- Can I modify the garnishment amount if my income changes? Yes. Either party can request a modification through the family court if there's a material change in circumstances, such as job loss or significant income increase. The obligor must file the motion and prove the change.
- Does wage garnishment appear on my credit report? No. Wage garnishment itself is not a credit event, but unpaid support arrears can be reported to credit bureaus and significantly damage your credit score.
Related Concepts
- Contempt of Court - Failure to comply with a wage garnishment order can result in contempt charges
- Child Support - The most common obligation enforced through wage garnishment