Federal Wage Garnishment Law

There are many ways to avoid wagewill be recalculated and the amounts reflected
garnishments from happening, but once abased upon that information.
consumer is faced with a wage garnishment, it isCan I contest the garnishment or do I have to
very important that they become well versed inaccept it?
the federal wage garnishment laws that areAs with any federal wage garnishment laws,
designed to protect them. People can enter intothere are exceptions as to what income is
wage withholding situations voluntarily with thetaxable or not and you have rights to contest
IRS, and not all wage garnishments are the resultwithholding of certain types of income. This
of a court injunction. These laws haveincome is as follows but not limited to the
amendments and clauses therein to protect thefollowing: child support, veterans pay, government
average consumer from being left completelypension payments, unemployment benefits, public
destitute and financial destruction. The Consumeraid, funds in a community or joint account shared
Credit Protection Act, Title III, expressly limits thewith others including a spouse, and various other
amount of income that is subject to federaltypes of income provided to you by the state. In
withholding and prohibits an employer from takingorder to protect this income from garnishment
adverse action against an employee for having aactions you will need to consult with a tax
wage garnishment.professional and have them file a document with
Understanding laws surrounding wage garnishmentthe courts within 28 days of receiving your
The only income that is subjected to garnishmentgarnishment notice.
is the after-tax income. The IRS does not garnishWhat else can the IRS do besides take payroll
the income based upon the gross earnings.wages?
Taxable income would include, state, local, andIt is important to note that if you owe money to
federal taxes, as well as any deductions made forthe IRS, you need to do the best you can to
health insurance, union dues, 401K or retirementsettle it; otherwise the IRS may garnish your
deductions, previous wage garnishments, childwages or levy your bank account. Federal laws
support, social security, savings bonds or charitynot only protect you as a consumer, but also
deductions. Also, all types of income beingprotect the IRS and state agencies. You may be
withheld for the purpose of an employee loansable to avoid legal action being taken by
are also exempt according to federal wagecontacting the IRS and working with them to
garnishment laws.come to some type of agreement, thus avoiding
How much money can they take from me?wage garnishments or bank levies altogether. It
Federal wage garnishment laws require that only ashould be noted that the IRS has a limited
certain amount of income may be withheld in aamount of time to collect an outstanding tax debt.
certain pay period. The figures set up are asCertain taxpayer actions may extent the statute
follows:of limitations and allow the IRS more time to
- 25% of the employees after tax income or thecollect. You must be aware the IRS will continue
amount by which the after tax income is thirtyto seek withholdings until the debt is paid in full.
times more than the federal minimum wageThere are no laws around that are going to
- Minimum wage standards vary state by stateprotect you if you run and try to hide from the
and the weekly garnishment amount cannot goIRS, so it's best to face it head on and be
over these two figures.prepared.
This figure is based upon a person who receivesFor more information about tax lawyer please
a weekly pay check, however, if you are paidclick here.
bi-weekly or monthly, then the wage garnishment