How much of my wages can be garnished in Texas?

Question

Accepted Answer

Texas is one of only four states (with NC, PA, and SC) that broadly bars ordinary creditor wage garnishment.

1. Federal Floor

Federal law under 15 U.S.C. § 1673(a) caps ordinary garnishment at the lesser of 25% of disposable earnings or the amount above 30× the federal minimum wage ($217.50/week). States may go stricter — Texas has.

2. Texas Rule

Tex. Const. art. XVI § 28 declares: "No current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered child support payments or spousal maintenance." This is mirrored in Tex. Prop. Code § 42.001(b)(1), exempting current wages from creditor process. A credit-card company, medical creditor, or repo deficiency creditor in Texas cannot garnish wages even with a judgment.

3. Special Categories

Child support: Up to 50-65% under Tex. Fam. Code § 158.009 and 15 U.S.C. § 1673(b).

Spousal maintenance: Up to 50% under Tex. Fam. Code § 8.101.

IRS levy: 26 U.S.C. § 6334 controls; the Texas constitutional exemption does not bind federal tax collection.

Federal student loans (Dep't of Ed. administrative wage garnishment): 15% of disposable pay under 20 U.S.C. § 1095a — also unaffected by state exemption.

State tax: Texas has no state income tax; comptroller may pursue other assets.

4. Head-of-Household Exemption

Not needed — current wages are 100% exempt from ordinary creditors regardless of household status.

5. Process (Permitted Garnishments)

For child support, the obligee files an Income Withholding Order (IWO) under § 158.001. For federal debt, federal authority applies directly. Employers receiving an unauthorized ordinary garnishment writ from another state should consult counsel; Texas courts often quash these.

6. Multiple Garnishments

Child support orders have priority; aggregate cap of 50% (no other dependents) to 65% under CCPA.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment; Tex. Fam. Code § 158.209 specifically prohibits discharge for child-support withholding (criminal penalty + reinstatement).

8. Bank Garnishment vs Wage Garnishment

Once wages are deposited, they become "funds" — Texas courts treat post-deposit wages as still exempt under § 42.001 if traceable. Tex. Prop. Code § 42.0021 also protects qualifying retirement deposits.

This is legal information, not legal advice.