How are disposable earnings calculated?

An employee's disposable earnings is the basis for determining limits on the amount of a garnishment under the CCPS. Disposable earnings are equal to the employee's earnings less deductions required by federal and state laws.

 

Earnings include: wages, salaries, commissions, bonuses, tips distributed by the employer (i.e. from CC transactions), fair market value of any meals and lodging provided by the employer, and sick pay.

 

Required deductions include: federal income tax withholding, social security, medicare, state withholding, state unemployment, and local taxes. In addition, if the garnishment required the employee to pay court costs and/or attorney's fees, these are also considered a deduction.

 

Example:

  Pay w/o Garnishment Disposable Earnings
     
Gross Wages
$1,000.00
$1,000.00
Federal Income Tax
150.00
150.00
State Income Tax
75.00
75.00
FICA
76.50
76.50
401(k) contribution
100.00
0.00
Insurance
25.00
0.00
Car Loan
75.00
0.00
 
Net Pay
$498.50
$698.50
 
What is a garnishment?
What is the Federal Garnishment Law?
Does each state maintain their own garnishment laws?
If both federal and state garnishment laws exist, whose laws take precedence?
What are common types of garnishments?
Is one type of garnishment "more important" than another?
Are all employees subject to garnishments?
What is meant by the term "disposable earnings" in the context of garnishment laws?
How are disposable earnings calculated?
What is the federal limit on the amount of pay that may be garnished?
How long must an employer withhold wages to satisfy a court order?
 
Deductions
New Hire Reporting
Child Support Garnishment Orders