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TEXT VERSION

How to Withhold for Ordinary Debts

A. First Step

Calculate the protected amount; the employee's check cannot be reduced below this amount.  Note:  As of July 24, 2008, the Federal Minimum Wage Rate will be $6.55/hour.

  • Weekly Pay Period. Multiply the Federal Minimum Wage Rate ("F.M.W.R.") times 40. Example: If F.M.W.R. is $6.55/hour; $6.55 times 40 = $262.00; this is the protected amount.
  • Biweekly Pay Period. Multiply F.M.W.R. times 40 times 2. Example: $6.55 times 40 times 2 = $524.00 ; this is the protected amount.
  • Semimonthly Pay Period. Multiply F.M.W.R. times 40 times 2.16665. Example: $6.55 times 40 times 2.166665 = $567.67; this is the protected amount.
  • Monthly Pay Period. Multiply F.M.W.R. times 40 times 4.33330. Example: $6.55 times  40 times 4.33330 = $1,135.32; this is the protected amount.
  • Pay Period Greater than One Month.

    1. Calculate number of weeks by dividing days in work period by 7, to four decimal places.
    2. Multiply the F.M.W.R. times 40 times the number of weeks. Example: assuming a F.M.W.R. of $6.55 and a work period of 46 days: 46 / 7 = 6.5714 weeks; $6.55 times 40 times 6.5714 weeks = $1,721.71; this is the protected amount.

B. Second Step


Calculate the Maximum Amount Which May Be Garnished; multiply disposable earnings by 25%. Example: assuming weekly disposable earnings of $544.00: $544.00 times 25% = $136.00; no more than this amount can be garnished from the paycheck.

C. Third Step


Calculate the Amount To Be Withheld; subtract the protected amount from disposable earnings, but do not exceed 25% of disposable earnings.
Example 1: Assuming disposable earnings of $600.00 and a biweekly pay period: $600.00 – 468.00 (protected amount, see biweekly pay period example, paragraph A above) = $132.00. Since this does not exceed the 25% maximum ($600.00 times 25% = $150.00), withhold $132.00.
Example 2: Assuming disposable earnings of $2,100.00 and a monthly pay period: $2,100.00 - $1,544.71 (protected amount, see monthly pay period protected amount example, paragraph A above) = $555.29 . Since this exceeds the 25% maximum ( $2,100.00 times 25% = $525.00 ), only the 25% maximum of $525.00  may be withheld.


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