How much of my wages can be garnished in Missouri?

Question

Accepted Answer

Missouri grants a meaningful head-of-family discount on the federal CCPA cap.

1. Federal Floor

15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).

2. Missouri Rule

Mo. Rev. Stat. § 525.030.2 caps garnishment at the lesser of:

25% of disposable earnings (10% if the debtor is head of family); or

The amount by which disposable earnings exceed 30× the federal minimum wage.

"Head of family" = a person providing more than one-half of the support for a child or other dependent.

3. Special Categories

Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and Mo. Rev. Stat. § 452.350 (Income Withholding).

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: Mo. Rev. Stat. § 143.781 — Department of Revenue Notice of Lien and Wage Levy.

4. Head-of-Family Exemption

Asserted at the garnishment hearing or in a claim of exemption (Form CV 100). The 10% rate (vs 25%) is a significant reduction.

5. Process

Creditor obtains judgment, files Request for Execution and Garnishment Application under Mo. R. Civ. P. 90. Court issues a garnishment summons (typically running 30, 60, 90, 120, or 180 days) — debtor may select term per Rule 90.05. Debtor receives notice of exemptions and may file Claim of Exemption within 20 days.

6. Multiple Garnishments

Support orders have priority. Only one continuing garnishment is in effect at a time per § 525.040; subsequent garnishments queue.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment. Mo. Rev. Stat. § 525.030.4 echoes this.

8. Bank Garnishment vs Wage Garnishment

Bank garnishment also under Rule 90. Mo. Rev. Stat. § 513.430.1(3) exempts $600 in any bank account (head of family) or $1,250 (head of family plus dependents). Federal benefit protections under 31 C.F.R. Part 212 apply.

This is legal information, not legal advice.