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How much of my wages can be garnished in New Jersey?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

New Jersey caps ordinary garnishment more tightly than federal law and gives courts discretion to reduce further.

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. New Jersey Rule

N.J. Stat. § 2A:17-56 caps wage execution at 10% of gross wages if the debtor's income is less than 250% of the federal poverty level for the household size. For income above that threshold, the court may order up to the federal CCPA maximum (25%/30×-FMW). § 2A:17-50 allows the court to reduce the amount upon application showing hardship.

3. Special Categories

  • Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and N.J. Stat. § 2A:17-56.8 (Income Withholding for Support).
  • IRS levy: 26 U.S.C. § 6334.
  • Federal student loans: 15% under 20 U.S.C. § 1095a.
  • State tax: N.J. Stat. § 54:49-13 — Division of Taxation may issue a Certificate of Debt and pursue wage garnishment.
  • 4. Head-of-Household Exemption

    The 250%-of-poverty / 10% formula effectively functions as a low-income/family exemption.

    5. Process

    Creditor moves on notice for a wage execution under N.J. Court Rule 4:59-1 and § 2A:17-50. Debtor receives notice and has 10 days to object. The court holds a hearing if the debtor claims hardship; the order may be reduced or denied.

    6. Multiple Garnishments

    Support orders have priority. Among ordinary executions, the first served collects until paid; later ones queue under § 2A:17-52.

    7. Employer Anti-Retaliation

    15 U.S.C. § 1674 prohibits firing for a single garnishment. N.J. Stat. § 2A:17-56.12 specifically prohibits discharge for support withholding.

    8. Bank Garnishment vs Wage Garnishment

    Bank levies use a writ of execution under R. 4:59-1. N.J. Stat. § 2A:17-19 offers limited wildcard exemptions; federal benefits remain protected under 31 C.F.R. Part 212.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Court hearing to reduce wage execution based on hardship
    • Bank levy that included exempt benefits
    • Income near or below 250% of federal poverty level
    Related Statutes & Laws
    • N.J. Stat. § 2A:17-50
    • N.J. Stat. § 2A:17-56
    • N.J. Stat. § 54:49-13
    • 15 U.S.C. § 1673

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.