Can more than twenty-five percent of my pay be taken for child support?

Yes. Idaho Code § 11-712 sets a different ceiling for support orders: fifty percent of disposable earnings for a workweek where the individual is supporting a spouse or dependent child other than the one covered by the order, and sixty percent where the individual is not. Those become fifty-five and sixty-five percent to the extent the earnings are subject to garnishment for a support period prior to the twelve-week period that ends with the beginning of that workweek.

Are unemployment benefits exempt from garnishment in Idaho?

Idaho law exempts unemployment compensation to the extent provided in Idaho Code § 72-1375, which is not a blanket immunity. Rights to benefits are exempt from levy, execution, attachment or an order for the payment of attorney's fees; benefits received are exempt from any remedy for the collection of debts only so long as they are not mingled with other funds of the recipient. Subsection (4) excepts action taken under Idaho Code § 72-1365(2).

How does child support withholding from unemployment benefits work?

Idaho Code § 72-1365(2) has two branches. Voluntary withholding takes the amount the individual specifies, but only if the involuntary branch is inapplicable. Involuntary withholding runs within Idaho Code § 11-207's limits, on notification and order from the child support bureau, and becomes final only after named prior liabilities are collected and notice goes by registered or certified mail. A written protest requesting a hearing is due within fourteen days after that mailing, not counting Saturday, Sunday or a state holiday as the fourteenth day. Two substantive conditions limit the procedure, and they are not optional fees: it reaches only child support obligations enforced under the federally approved plan the statute specifies, and only where appropriate arrangements reimburse the director's attributable administrative costs through the state or local child support agency.

Are pensions and retirement accounts exempt in Idaho?

Idaho Code § 11-604A does not reach every pension or retirement account. Subsection (2) exempts pension money an Idaho citizen receives from the United States government, unless federal law provides otherwise; it does not apply to federally permitted child support collection. Subsection (3) separately exempts an Idaho citizen's rights under an employee benefit plan and any fund it creates, with the same child support exception. Only the plan exemption allows benefits payable to a spouse, former spouse, child or dependent under a qualified domestic relations order meeting the plan's requirements, or, for listed plans, a court order for maintenance or support; it does not bar valid obligations incurred for the benefit of the plan or fund. Subsection (6) preserves a spouse's community property interest in an individual retirement account unless federal law is contrary.

What if one of my bankruptcy cases was dismissed in the past year?

If a single or joint case of yours was pending within the preceding year but was dismissed, 11 U.S.C. § 362(c)(3) ends the stay as to the debtor on the 30th day of a later single or joint chapter 7, 11 or 13 case by or against you, for actions concerning a debt, property securing it, or a lease. Refiling under a chapter other than chapter 7 after a section 707(b) dismissal is excepted. Only a party in interest's motion, with notice and a hearing completed before day 30 and good faith as to the creditors to be stayed, lets the court continue it as to any or all creditors.

What if two or more of my cases were dismissed in the past year?

Under 11 U.S.C. § 362(c)(4), if two or more cases of yours were pending within the previous year but were dismissed, no stay goes into effect on a later single or joint case by or against you. Refiling under a chapter other than chapter 7 after a section 707(b) dismissal is excepted. On a party in interest's request within 30 days, the court may order a stay after notice and a hearing, on good faith as to the creditors to be stayed, effective on entry of the order.

Wages & debt

Wage Garnishment in Idaho: What the Law Says and What Bankruptcy Changes

Idaho caps ordinary wage garnishment at the lesser of twenty-five percent of weekly disposable earnings or the amount those earnings exceed thirty times the federal minimum hourly wage; support orders, chapter XIII orders and state or federal tax debts fall outside that ceiling (Idaho Code § 11-712). Filing a bankruptcy petition generally operates as a stay under 11 U.S.C. § 362(a), subject to exceptions such as domestic support withholding, repeat-filing limits and court-ordered relief.

Key points

Idaho's ordinary wage garnishment ceiling is the lesser of two measures, and it does not apply to a court order for support, an order of a court of bankruptcy under chapter XIII of the bankruptcy act, or a state or federal tax debt (Idaho Code § 11-712).
Idaho Code § 11-207 is a separately published restriction with the same lesser-of-two structure, and Idaho's bank-deposit statute names both sections (Idaho Code § 11-713).
A claim of exemption must reach the sheriff within fourteen days after the sheriff hand delivers or mails the required documents, and a mailed claim must be received inside that period (Idaho Code § 11-203).
Idaho's benefit exemptions carry conditions, including the support-enforcement exception in Idaho Code § 11-603 and the reasonably-necessary-for-support test in Idaho Code § 11-604.
Idaho has opted out of the federal subsection (d) exemption list, so an Idaho debtor claims exemptions specified under Idaho law, subject to the domicile rule in 11 U.S.C. § 522(b)(3)(A) (Idaho Code § 11-609).

If a creditor has a judgment against you in Idaho, money can come out of your paycheck before you ever see it. Idaho statutes set a ceiling on how much, list income that is exempt, and give a short window to claim an exemption. This page explains what those statutes say, where their conditions bite, and what bankruptcy changes.

How much of your pay can be garnished in Idaho?

Idaho Code § 11-712 caps ordinary wage garnishment at the lesser of two figures: twenty-five percent of an individual's aggregate disposable earnings for that workweek, or the amount by which those earnings exceed thirty times the federal minimum hourly wage in effect at the time the earnings are payable. Disposable earnings are what is left after amounts required by law to be withheld (Idaho Code § 11-701). For pay periods other than a week, the statute directs the Idaho commissioner of labor to prescribe an equivalent multiple by regulation.

Idaho Code § 11-207 is a separately published restriction with the same lesser-of-two structure. Neither ceiling applies to a court order for the support of any person, an order of a court of bankruptcy under chapter XIII of the bankruptcy act, or a debt due for state or federal tax. Those are exceptions to this limit, not permission to take a whole paycheck.

What do Idaho statutes require of creditors and courts?

A money judgment in Idaho is enforced by a writ of execution (Idaho Code § 11-104), and Idaho I.R.C.P. 69 requires an affidavit verifying the computation of the amount due before a writ issues for an amount other than the judgment's face amount plus court-approved costs and fees. On the creditor's written directions, the sheriff serves the garnishee with a copy of the writ, a notice that the property or debt is attached, a notice of exemptions available under federal and state law, instructions for asserting a claim of exemption, and a claim of exemption form (Idaho Code § 11-703).

Within two business days after that service, or one business day if the garnishee is a financial institution, the sheriff must hand deliver or mail copies to the judgment debtor and any identified third party (Idaho Code § 11-709). A financial institution served with the writ must also send copies to the account holder within three business days (Idaho Code § 11-710).

Which income is protected from garnishment under Idaho law?

Idaho Code § 11-603 exempts some property without limitation, including a burial plot, health aids reasonably necessary to work or sustain health, federal social security and veteran's benefits, federal, state or local public assistance benefits, benefits payable for medical, surgical or hospital care, and state unemployment compensation to the extent provided in Idaho Code § 72-1375. The social security and veteran's benefit exemption carries an express exception for enforcement of a support order by execution, garnishment or wage withholding under chapter 12, title 7.

Idaho Code § 11-604 is narrower. Disability and illness benefits, alimony and support, bodily injury and wrongful death proceeds, and death benefits are exempt only to the extent reasonably necessary for the support of the individual and dependents, which subsection (2) leaves to the court after reviewing present and anticipated needs, income and property. Worker's compensation is exempt from creditors' claims under Idaho Code § 72-802, again excepting support enforcement.

What happens to exempt money once it reaches a bank account?

Idaho Code § 11-713 governs money in a bank. Funds exempt under Idaho Code § 11-604(1) stay exempt in an account. So do wages exempt under Idaho Code § 11-207 and Idaho Code § 11-712, except for accumulated wages above the ceiling that subsection sets. Funds exempt through Idaho Code § 11-603, Idaho Code § 11-604A and Idaho Code § 72-802 stay exempt without limitation. Commingling exempt and nonexempt money does not by itself defeat those subsections, and exempt funds are identified first in, first out. This is not blanket account protection; each dollar turns on its own exemption.

A bank served with a garnishment notice must review the debtor's accounts before taking any action that may affect funds in them. That review covers only the two months before service and relies only on payor information about direct or electronic deposits (Idaho Code § 11-714). If a notice of right to garnish federal benefits from the United States government or a state child support enforcement agency under 31 C.F.R. Part 212 is attached to or included in the garnishment, the bank conducts no review and proceeds on the garnishment.

Which statutory protections may matter when contesting an Idaho garnishment?

Idaho Code § 11-203 sets the contest procedure. The defendant completes the claim of exemption form in Idaho Code § 11-707 and must deliver or mail it to the sheriff within fourteen days after the sheriff hand delivers or mails the documents required by Idaho Code § 11-709. A mailed claim must be received inside that period. Intervening weekends and legal holidays count, the triggering day is excluded, and a deadline on a weekend or holiday runs to the next business day's close.

The creditor has five business days after the sheriff delivers or mails a copy of the claim to file a motion contesting it, and must notify the sheriff within that filing period. A hearing is set not less than five nor more than twelve days after the motion is filed, and may be continued only at the defendant's request.

Missing that window does not end every route: under subsection (h), a judgment debtor may at any time after entry of an enforceable judgment move the court for an order of exemption identifying the property and the grounds claimed. Forms must be substantially those in Appendix B (Idaho I.R.C.P. 69.1).

How does filing bankruptcy affect an Idaho garnishment?

A voluntary case begins when the petition is filed with the bankruptcy court, and that filing is itself the order for relief (11 U.S.C. § 301). Filing generally operates as a stay under 11 U.S.C. § 362(a), applicable to all entities, of the continuation of a judicial proceeding against the debtor that was or could have been commenced before the case, of enforcement against the debtor or estate property of a prepetition judgment, and of acts to collect a prepetition claim. No separate order creates that stay, though notices to an employer or sheriff can matter operationally.

The stay has listed exceptions. Withholding of income for a domestic support obligation under a judicial or administrative order or a statute is excepted by 11 U.S.C. § 362(b)(2)(C). Protection of estate property and of other acts run on different clocks under 11 U.S.C. § 362(c), repeat filings can shorten or prevent a stay, and a court may grant relief after notice and a hearing under 11 U.S.C. § 362(d).

What changes about Idaho exemptions if you file bankruptcy?

Federal law decides which exemption list applies. Under 11 U.S.C. § 522(b)(3)(A), the governing law is that of the debtor's domicile for the 730 days immediately preceding filing, and that paragraph also preserves property exempt under Federal law other than subsection (d). If the domicile was not in a single state for that period, it is that of the place where the domicile was located for the 180 days immediately preceding that period, or for a longer portion of those 180 days than any other place.

Where that rule points to Idaho, Idaho Code § 11-609 controls: in any federal bankruptcy proceeding an individual debtor may exempt only property specified under Idaho law. That is an opt-out from the subsection (d) list, not a bar on every federal exemption. Retirement funds in an account exempt from taxation under the listed Internal Revenue Code sections are covered separately, and if the domicile rule would leave a debtor ineligible for any exemption, subsection (d) may be elected.

What should you ask a lawyer about an Idaho garnishment?

Bring every paper you were served with: the writ, the notice of exemptions, the instructions and the claim of exemption form, along with recent pay stubs and bank statements. A legal aid organization or a private attorney can read those documents against the statutes.

Specific questions help more than general ones. Ask which authority the withholding rests on, since an ordinary judgment garnishment, a support order and a tax debt are treated differently under Idaho Code § 11-712. Ask whether disposable earnings were computed after only the amounts required by law to be withheld, as Idaho Code § 11-206 defines them. Ask whether the fourteen-day window in Idaho Code § 11-203 has run, and whether the separate postjudgment motion for an order of exemption under subsection (h) is available. Ask whether your deposited funds qualify under Idaho Code § 11-713, and whether an employer-garnishee is operating under a continuing garnishment (Idaho Code § 11-704).

Frequently asked questions

Can more than twenty-five percent of my pay be taken for child support?: Yes. Idaho Code § 11-712 sets a different ceiling for support orders: fifty percent of disposable earnings for a workweek where the individual is supporting a spouse or dependent child other than the one covered by the order, and sixty percent where the individual is not. Those become fifty-five and sixty-five percent to the extent the earnings are subject to garnishment for a support period prior to the twelve-week period that ends with the beginning of that workweek.
Are unemployment benefits exempt from garnishment in Idaho?: Idaho law exempts unemployment compensation to the extent provided in Idaho Code § 72-1375, which is not a blanket immunity. Rights to benefits are exempt from levy, execution, attachment or an order for the payment of attorney's fees; benefits received are exempt from any remedy for the collection of debts only so long as they are not mingled with other funds of the recipient. Subsection (4) excepts action taken under Idaho Code § 72-1365(2).
How does child support withholding from unemployment benefits work?: Idaho Code § 72-1365(2) has two branches. Voluntary withholding takes the amount the individual specifies, but only if the involuntary branch is inapplicable. Involuntary withholding runs within Idaho Code § 11-207's limits, on notification and order from the child support bureau, and becomes final only after named prior liabilities are collected and notice goes by registered or certified mail. A written protest requesting a hearing is due within fourteen days after that mailing, not counting Saturday, Sunday or a state holiday as the fourteenth day. Two substantive conditions limit the procedure, and they are not optional fees: it reaches only child support obligations enforced under the federally approved plan the statute specifies, and only where appropriate arrangements reimburse the director's attributable administrative costs through the state or local child support agency.
Are pensions and retirement accounts exempt in Idaho?: Idaho Code § 11-604A does not reach every pension or retirement account. Subsection (2) exempts pension money an Idaho citizen receives from the United States government, unless federal law provides otherwise; it does not apply to federally permitted child support collection. Subsection (3) separately exempts an Idaho citizen's rights under an employee benefit plan and any fund it creates, with the same child support exception. Only the plan exemption allows benefits payable to a spouse, former spouse, child or dependent under a qualified domestic relations order meeting the plan's requirements, or, for listed plans, a court order for maintenance or support; it does not bar valid obligations incurred for the benefit of the plan or fund. Subsection (6) preserves a spouse's community property interest in an individual retirement account unless federal law is contrary.
What if one of my bankruptcy cases was dismissed in the past year?: If a single or joint case of yours was pending within the preceding year but was dismissed, 11 U.S.C. § 362(c)(3) ends the stay as to the debtor on the 30th day of a later single or joint chapter 7, 11 or 13 case by or against you, for actions concerning a debt, property securing it, or a lease. Refiling under a chapter other than chapter 7 after a section 707(b) dismissal is excepted. Only a party in interest's motion, with notice and a hearing completed before day 30 and good faith as to the creditors to be stayed, lets the court continue it as to any or all creditors.
What if two or more of my cases were dismissed in the past year?: Under 11 U.S.C. § 362(c)(4), if two or more cases of yours were pending within the previous year but were dismissed, no stay goes into effect on a later single or joint case by or against you. Refiling under a chapter other than chapter 7 after a section 707(b) dismissal is excepted. On a party in interest's request within 30 days, the court may order a stay after notice and a hearing, on good faith as to the creditors to be stayed, effective on entry of the order.

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

Sources verified October 17, 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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