Can my employer fire me because of a wage garnishment?

Federal law prohibits an employer from discharging an employee because their earnings have been subjected to garnishment for any one indebtedness (15 U.S.C. § 1674(a)), and a willful violation carries the criminal penalties the statute sets. The protection is written around a single debt, so a second, unrelated garnishment can fall outside it, though 15 U.S.C. § 1677(2) preserves state laws that prohibit discharge for more than one indebtedness.

Is a head-of-family or household-support exemption automatic?

Not always. Florida's exemption is written into the statute by status: a head of family is a natural person providing more than one-half of the support for a child or other dependent (Fla. Stat. § 222.11). Alaska's higher amounts, by contrast, require the debtor to submit an affidavit, under penalty of perjury, stating that their earnings alone support the household (Alaska Stat. § 09.38.050(b)). Forms and timing vary by state.

Are there states where wages cannot be garnished for an ordinary debt?

State law can prohibit garnishment outright or limit it more than the federal formula, and 15 U.S.C. § 1677 expressly preserves those laws. We do not publish a verified fifty-state list of which states do so. Florida shows how far a status-based exemption can go: all disposable earnings of a head of family — a natural person providing more than one-half of the support for a child or other dependent — are exempt from attachment or garnishment where those earnings are at or below $750 a week. The written-waiver condition applies above that line: disposable earnings greater than $750 a week may not be attached or garnished unless the person has agreed otherwise in a statutorily compliant writing, and then only up to the federal ceiling (Fla. Stat. § 222.11).

Creditors & collection actions

State wage-garnishment limits and exemptions: the federal floor and how states differ

Federal law limits ordinary garnishment to the lesser of 25% of aggregate disposable earnings for a workweek or the amount above thirty times the federal minimum hourly wage — a cap on the week's total, not one per creditor (15 U.S.C. § 1673(a)). Support, tax and Chapter 13 orders sit outside that restriction; states may protect more (§§ 1673(b), 1677). Filing a bankruptcy petition generally stays collection, but not domestic-support income withholding, and a recently dismissed prior case or court-ordered relief can limit the stay (11 U.S.C. § 362).

Key points

15 U.S.C. § 1673(a) limits the maximum part of your aggregate disposable earnings for a workweek that can be subjected to garnishment — a limit on the week's total, not a fresh allowance for each creditor — and it does not stop a state from protecting more (15 U.S.C. § 1677).
"Disposable earnings" means pay left after amounts required by law to be withheld, not what is left after rent, car payments or other bills (15 U.S.C. § 1672).
Support orders, state or federal tax debts, and orders of a court with jurisdiction over Chapter 13 cases sit outside the 25% ceiling (15 U.S.C. § 1673(b)).
Some states protect wages through a different mechanism, such as Alaska's flat weekly net-earnings exemption or Florida's head-of-family exemption; those are examples rather than the pattern everywhere, and a state mechanism does not displace the federal restriction where federal law protects more (15 U.S.C. § 1677).
Filing generally operates as a stay under 11 U.S.C. § 362(a), but it does not reach income withholding for a domestic support obligation (§ 362(b)(2)(C)), a recently dismissed prior case can shorten the stay or prevent it from taking effect (§ 362(c)(3)–(4)), and a creditor can ask the court for relief (§ 362(d)).

If a creditor is already taking money from your paycheck, federal law limits the total that ordinary garnishment can reach out of a given workweek's disposable earnings, and some states protect more than that. This page covers the federal baseline, two very different state approaches, and what filing a bankruptcy case generally changes. Checking both the federal limit and the law of the state where collection happens is the practical starting point. It is general information, not legal advice about your situation.

How much of my paycheck can a creditor garnish?

For an ordinary debt (a credit card judgment, a medical bill, a repossession deficiency), federal law sets a ceiling on each workweek. Under 15 U.S.C. § 1673(a), the maximum part of your aggregate disposable earnings subject to garnishment for a workweek is the lesser of two figures: 25% of your disposable earnings for that week, or the amount by which those earnings exceed thirty times the federal minimum hourly wage in effect when the earnings are payable.

Whichever of the two is smaller controls, so a low-earning week can produce little or nothing available to garnish.

If you are not paid weekly, the statute directs the Secretary of Labor to prescribe by regulation a multiple of the federal minimum hourly wage equivalent to the weekly figure.

The statute also binds the courts themselves: no federal or state court, and no state or state officer, may make, execute or enforce an order that violates it (15 U.S.C. § 1673(c)).

What counts as "disposable earnings"?

The cap is applied to disposable earnings, not to your gross pay and not to what is left after your bills. Federal law defines earnings as compensation paid or payable for personal services, whether called wages, salary, commission or bonus, and it includes periodic payments from a pension or retirement program (15 U.S.C. § 1672(a)). Disposable earnings are what remain after deducting the amounts required by law to be withheld (15 U.S.C. § 1672(b)).

That means mandatory items such as income tax withholding come out before the percentage is calculated. Rent, utilities, a car loan and voluntary retirement contributions do not.

The same statute defines garnishment broadly: any legal or equitable procedure through which someone's earnings are required to be withheld for payment of a debt (15 U.S.C. § 1672(c)).

State definitions can differ. Alaska, for example, measures "net earnings" by subtracting sums required by law or by court order (Alaska Stat. § 09.38.030(a)). A wage withholding ordered for something else therefore changes the starting number.

Does the federal cap apply to every kind of debt?

No. Three categories sit outside the 25% ceiling under 15 U.S.C. § 1673(b).

The first is an order for the support of any person. Support orders are not always issued by a judge: the statute covers an order issued by a court of competent jurisdiction or made in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.

For support, the ceiling is 50% of disposable earnings for the week where the individual is supporting a spouse or dependent child other than the one covered by the order, and 60% where the individual is not. Those figures become 55% and 65% to the extent the earnings are reached for support owed for a period before the twelve-week period ending with that workweek.

The other two categories are a debt due for any state or federal tax, and an order of a United States court with jurisdiction over Chapter 13 cases.

Can a state limit garnishment more than federal law, or prohibit it?

Yes. The federal subchapter is a floor, not a uniform rule. 15 U.S.C. § 1677 says it does not annul, alter or affect, or exempt anyone from complying with, state laws that prohibit garnishment or that provide for more limited garnishment than this subchapter allows. A more protective state law is therefore preserved — and the federal restriction is not displaced either, because § 1673(a) still caps what can be subjected to garnishment in a workweek and § 1673(c) bars courts and state officers from enforcing an order that violates it.

So the practical answer to "how much can be garnished" comes from comparing both protections and applying whichever leaves more of the paycheck with you. Some states substitute a flat weekly earnings exemption; some protect the wages of a person supporting a household; some leave the federal formula to do the work.

We do not publish a verified figure or procedure for every state here; where we have reviewed a state's statutes, the state page carries that detail.

What does a head-of-family exemption do?

Florida uses a status-based exemption rather than a percentage. Under Fla. Stat. § 222.11, a "head of family" is any natural person providing more than one-half of the support for a child or other dependent.

All disposable earnings of a head of family at or below $750 per week are exempt from attachment or garnishment. Above $750, attachment or garnishment requires a statutorily compliant written waiver and remains subject to the federal ceiling in 15 U.S.C. § 1673 (Fla. Stat. § 222.11).

The statute requires the waiver to be in the same language as the underlying contract, contained in a separate attached document, and printed in substantially the prescribed wording in at least 14-point type.

A person who is not a head of family gets the federal ceiling rather than a restated state formula. Earnings exempt under the section also keep that exemption for six months after a financial institution receives them if the funds can be traced as earnings, and commingling does not by itself defeat tracing.

How does Alaska's wage exemption work instead?

Alaska uses a flat weekly exemption instead of a percentage. The base figures in Alaska Stat. § 09.38.030 are adjusted under Alaska Stat. § 09.38.115 and published in 8 AAC 95.030: the exemption for weekly net earnings under AS 09.38.030(a) is $473, and the maximum monthly exemption for cash and other liquid assets under AS 09.38.030(b) is $1,890.

Net earnings there subtract sums required by law or by court order. Monthly pay is divided by 4.3 and semi-monthly pay by 2.17 to reach the weekly figure.

Higher amounts of $743 weekly disposable earnings and $2,970 monthly cash and liquid assets apply only where the debtor submits an affidavit, under penalty of perjury, stating that their earnings alone support the household (Alaska Stat. § 09.38.050(b); 8 AAC 95.030(e)).

The cash and liquid-assets amount is for an individual not paid weekly, semi-monthly or monthly, and excludes permanent fund dividends. If the debtor is a nonresident, the limits in 15 U.S.C. § 1673 apply instead (Alaska Stat. § 09.38.030(d)).

How do the federal baseline and these two state mechanisms compare?

The mechanisms differ in kind, not just in amount, so the same paycheck can produce very different results depending on which rules apply.

Florida asks a status question. For a head of family, disposable earnings at or below the statutory weekly figure are exempt outright; above it, those earnings may not be attached or garnished unless the person has agreed otherwise in a statutorily compliant writing, and what is taken still cannot exceed the federal ceiling (Fla. Stat. § 222.11(2)). Only for a person who is not a head of family does Florida simply incorporate that federal ceiling (§ 222.11(2)(c)). Alaska asks a dollar question, protecting a set amount of each week's net earnings, with a higher weekly disposable-earnings figure available on an affidavit, under penalty of perjury, that the debtor's earnings alone support the household — protection that sits alongside 15 U.S.C. § 1673, which still applies where it protects more. The federal rule asks a percentage question and compares two formulas against the week's aggregate disposable earnings.

The table below compares those structures for an ordinary consumer debt, with the conditions that come attached to each. It is not a fifty-state chart and does not predict the outcome in any particular case. Where we have reviewed a state's statutes, the linked state page carries that detail.

Three garnishment mechanisms for an ordinary consumer debt
Rule	How it works	Authority
Federal baseline	Lesser of 25% of weekly disposable earnings, or the amount above thirty times the federal minimum hourly wage	15 U.S.C. § 1673(a)
Florida, head of family	All disposable earnings at or below $750 a week exempt; above that, a compliant written waiver is required and the federal ceiling still applies	Fla. Stat. § 222.11
Florida, not head of family	Federal ceiling applies rather than a separate state formula	Fla. Stat. § 222.11(2)(c)
Alaska, weekly net earnings	Exempt up to the adjusted amount ($473)	AS 09.38.030(a); 8 AAC 95.030(d)
Alaska, household-support affidavit	Weekly disposable earnings exempt up to the higher adjusted amount ($743)	AS 09.38.050(b); 8 AAC 95.030(e)
Alaska, nonresident debtor	Federal limits apply	AS 09.38.030(d)

What does filing bankruptcy change about a garnishment already running?

A bankruptcy case starts with filing. Under 11 U.S.C. § 301, a voluntary case is commenced by filing a petition, and that filing itself constitutes the order for relief, so there is no separate order to wait for. The filing operates as a stay of, among other things, enforcement against the debtor of a judgment obtained before the case began and any act to collect a pre-petition claim (11 U.S.C. § 362(a)). An ordinary wage garnishment on a judgment debt commonly falls inside that description.

Several things qualify it. The stay does not reach the withholding of income for payment of a domestic support obligation under a judicial or administrative order or a statute (11 U.S.C. § 362(b)(2)(C)). A prior case dismissed within the preceding year can shorten the stay or prevent it from taking effect at all (11 U.S.C. § 362(c)(3)–(4)). A creditor can also ask the court to terminate, annul, modify or condition the stay (11 U.S.C. § 362(d)).

Is the state garnishment rule the same as the bankruptcy exemption rule?

State wage-garnishment law and bankruptcy exemptions are different questions, and the answer to one does not settle the other. Under 11 U.S.C. § 522(b), an individual debtor may exempt estate property under either the federal list in § 522(d) or, in the alternative, the § 522(b)(3) package. That package is not only state law: it reaches property exempt under other federal law outside § 522(d), property exempt under the state or local law applicable to the debtor, and — as a separate category — retirement funds held in accounts exempt from taxation under the listed Internal Revenue Code sections (§ 522(b)(3)(C)).

Which state's law applies turns on domicile. Section 522(b)(3)(A) looks to the law applicable on the filing date in the place the debtor's domicile was located for the 730 days immediately preceding filing; if it was not in a single state for that period, to the place of domicile for the 180 days immediately preceding that 730-day period, or for a longer portion of those 180 days than in any other place. A state can withdraw the § 522(d) option (§ 522(b)(2)); and if the domicile rule would leave the debtor ineligible for any exemption, § 522(b)(3) permits electing § 522(d).

Frequently asked questions

Can my employer fire me because of a wage garnishment?: Federal law prohibits an employer from discharging an employee because their earnings have been subjected to garnishment for any one indebtedness (15 U.S.C. § 1674(a)), and a willful violation carries the criminal penalties the statute sets. The protection is written around a single debt, so a second, unrelated garnishment can fall outside it, though 15 U.S.C. § 1677(2) preserves state laws that prohibit discharge for more than one indebtedness.
Is a head-of-family or household-support exemption automatic?: Not always. Florida's exemption is written into the statute by status: a head of family is a natural person providing more than one-half of the support for a child or other dependent (Fla. Stat. § 222.11). Alaska's higher amounts, by contrast, require the debtor to submit an affidavit, under penalty of perjury, stating that their earnings alone support the household (Alaska Stat. § 09.38.050(b)). Forms and timing vary by state.
Does the garnishment cap also cover money already in my bank account?: Treat that as a separate question. Sections 1672 and 1673 are written about earnings required to be withheld for payment of a debt and the maximum part of a workweek's disposable earnings subjected to garnishment; they do not themselves resolve what happens to funds already on deposit, so do not assume a wage-withholding cap decides a bank levy. State law may reach past payday. Florida keeps the exemption on exempt head-of-family earnings for six months after a financial institution receives them if the funds can be traced and properly identified as earnings, and commingling does not by itself defeat tracing (Fla. Stat. § 222.11(3)). Alaska has a separate monthly exemption for cash and other liquid assets that applies to an individual who does not receive earnings weekly, semi-monthly or monthly, excludes permanent fund dividends, and is higher only on the household-support affidavit (Alaska Stat. §§ 09.38.030(b), 09.38.050(b); 8 AAC 95.030).
Does filing bankruptcy halt a child support withholding?: Generally no. The filing of a petition does not operate as a stay of the withholding of income that is property of the estate or of the debtor for payment of a domestic support obligation under a judicial or administrative order or a statute (11 U.S.C. § 362(b)(2)(C)). Support orders also sit outside the 25% ordinary ceiling and carry their own higher limits (15 U.S.C. § 1673(b)).
Are there states where wages cannot be garnished for an ordinary debt?: State law can prohibit garnishment outright or limit it more than the federal formula, and 15 U.S.C. § 1677 expressly preserves those laws. We do not publish a verified fifty-state list of which states do so. Florida shows how far a status-based exemption can go: all disposable earnings of a head of family — a natural person providing more than one-half of the support for a child or other dependent — are exempt from attachment or garnishment where those earnings are at or below $750 a week. The written-waiver condition applies above that line: disposable earnings greater than $750 a week may not be attached or garnished unless the person has agreed otherwise in a statutorily compliant writing, and then only up to the federal ceiling (Fla. Stat. § 222.11).

Sources

15 U.S.C. § 1672 — Definitions of earnings, disposable earnings and garnishment
15 U.S.C. § 1673 — Restriction on garnishment
15 U.S.C. § 1674 — Restriction on discharge from employment by reason of garnishment
15 U.S.C. § 1677 — Effect on State laws
Fla. Stat. § 222.11 — Exemption of wages from garnishment
Alaska Stat. § 09.38.030 — Exemption of earnings and liquid assets
8 AAC 95.030 — Adjusted exemption amounts
Alaska Stat. § 09.38.050 — Increased exemption amounts
Alaska Stat. § 09.38.115 — Adjustment of dollar amounts
11 U.S.C. § 301 — Voluntary cases
11 U.S.C. § 362 — Automatic stay · official source
11 U.S.C. § 522 — Exemptions · official source

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified October 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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