If you've recently been hit with a wage garnishment—or you're worried one might be coming—you're not alone. Wage garnishment can feel overwhelming, but understanding your rights and options is the first step toward regaining control. Below, we answer some more of the most common questions people ask when facing wage garnishment. (Also see part 1 of our wage garnishment FAQs.)
Wage Garnishment FAQ: Your Top Questions Answered
1. How much of my paycheck can be garnished?
Up to 25% of your disposable income can be garnished for most debts.
Under federal law, wage garnishment is limited to the lesser of:
- 25% of your disposable earnings, or
- The amount by which your weekly disposable income exceeds 30 times the federal minimum wage.
For example, if you take home $500 per week and the minimum wage is $7.25/hour, the protected amount is $217.50. If you earn more than that, only a portion of the excess may be garnished.
But there's a catch:
For tax debt, child support, or student loans, garnishment rates can be higher. The IRS can take more without a court order, and child support orders can claim up to 60% of your wages depending on circumstances.
2. Can I get a wage garnishment reduced?
Yes, you may be able to reduce the amount garnished by requesting a hardship exemption or negotiating with the creditor.
If the garnishment leaves you unable to afford basic living expenses, you may qualify for a lower garnishment amount. You can:
- File a claim of exemption with the court.
- Provide documentation of financial hardship.
- Request an installment agreement or settlement with the creditor or IRS.
Having a tax resolution professional on your side can greatly increase your chances of success when negotiating a reduction.
3. Can the IRS garnish my wages without warning?
The IRS is one of the few creditors that can garnish wages without a court order, but they are required to send you multiple notices first.
Before garnishing your wages, the IRS must send:
- A Notice and Demand for Payment
- A Final Notice of Intent to Levy
- A Notice of Your Right to a Hearing
These notices are usually sent via certified mail to your last known address. If you ignore these notices, the IRS can move forward with garnishment, often catching people off guard if they've moved or overlooked earlier warnings.
4. How long does a wage garnishment last?
A wage garnishment typically lasts until the debt is fully paid, unless you take legal or financial action to stop it.
Here are common scenarios that end a garnishment:
- The debt is paid in full.
- You reach a payment agreement or settlement.
- You successfully challenge the garnishment in court.
- You declare bankruptcy (which triggers an automatic stay).
- The statute of limitations expires (for some debts).
For IRS debts, resolving your tax liability through an Offer in Compromise or payment plan can also put an end to wage garnishment.
5. Will my employer fire me over a wage garnishment?
No, it’s illegal for your employer to fire you over a single wage garnishment.
Federal law under the Consumer Credit Protection Act (CCPA) prohibits employers from firing employees because of one garnishment. However, if you have multiple garnishments from different creditors, you may not have the same level of protection.
Most employers handle wage garnishments through their payroll department discreetly, but it’s a good idea to speak with HR if you’re concerned. Your privacy is important, and in most cases, your job is not at risk from a single garnishment.
Take Back Control of Your Paycheck
Wage garnishments don’t have to define your financial future. Whether you’re facing an IRS levy or a court-ordered garnishment, you have options—and rights. From negotiating with creditors to filing legal exemptions or setting up payment plans, the right approach can help you stop or reduce garnishment quickly.
Need help dealing with wage garnishment?
At Top Tax Defenders, we specialize in stopping IRS wage levies and resolving tax debt. Contact us today for a free consultation and take the first step toward protecting your paycheck.
