My hours vary from week to week. If my pay is garnished, will the amount be a set dollar amount or a percentage?
Chapter 7 Bankruptcy Attorney
Your wages must be over a certain dollar amount (set by state laws) to be garnished, and once your wages exceed this amount, a certain % (also set by state laws) can be taken. In Nevada, your earnings must exceed 50 times the minimum wage per week to be able to be garnished, and if so, then the garnishment is 25% of the gross wage. You may want to check with the State Labor Department for more information, and this info may even be online on the Labor Dept's website. Hope this perspective helps!
Environmental / Natural Resources Lawyer
Probably a percentage, however, keep in mind that the answer to this also depends on what the garnishment was ordered for, i.e. for child support, alimony, chapter 13 bankruptcy, back taxes, or simply a judgment order for a debt. Also, the maximum amount depends on whether the individual subject to the order is supporting a dependent. In general however;
"The maximum part of such earnings of any wage earning individual which may be subjected to wage garnishment for any workweek or multiple thereof may not exceed the lesser of: (1) Twenty-five percent of the individual's aggregate disposable earnings for that workweek or multiple thereof; (2) the amount by which the individual's aggregate disposable earnings for that workweek or multiple thereof exceed an amount equal to 30 times the federal minimum hourly wage, or equivalent multiple thereof for such longer period; or (3) the amount of the plaintiff's claim as found in the order for garnishment." K.S.A. 60-2310(b).
Also, note that;
“disposable earnings” means that part of the earnings of any individual remaining after the deduction from such earnings of any amounts required by law to be withheld" K.S.A. 60-2310.
This response is for informational purposes only and should not be construed as legal advice. Mr. Jefferson is licensed to practice in Kansas. Seek legal advice from an attorney in your state. Please be advised that by answering this question, an attorney-client relationship has not been established.