Wage garnishment in New York
On these earnings, New York caps ordinary garnishment at $100 a week. Figures assume $1,000 gross and $800 disposable earnings in a week, for ordinary consumer debt.
| Limit | Weekly maximum |
|---|---|
| Federal (Title III)15 U.S.C. §1673 | $200 |
| New YorkCPLR §5231(b) | $100 |
Not more than 10% of gross income, and never more than 25% of disposable earnings or the excess over 30 times the greater of the federal or New York minimum wage. Nothing at all may be withheld in a week where disposable earnings fall at or below that floor.
an income execution for installments therefrom of not more than ten percent thereof may be issued... (ii) the amount withheld from the judgment debtor's earnings pursuant to an income execution for any week shall not exceed twenty-five percent of the disposable earnings of the judgment debtor for that week, or, the amount by which the disposable earnings of the judgment debtor for that week exceed the greater of thirty times the federal minimum hourly wage... or thirty times the state minimum hourly wage..., whichever is less
What this does not cover
- Medical debt: since 2022, a judgment arising from a medical debt action brought by a licensed hospital or health care professional cannot garnish wages at all.
- Support orders proceed under CPLR 5241/5242 instead.
$16.00 for the remainder of New York State as of 2026-01-01; $17.00 in New York City, Long Island and Westchester, which raises the protected floor there to $510 a week.
Source: NY CPLR §5231(b) as amended by ch. 648 of 2022, read from the enrolled bill text (S6522--A), read 2026-08-22. Minimum wage: New York State Dept. of Labor — minimum wage.
Work out your own New York garnishment
Already set to New York. Enter your pay and this applies both limits — New York’s and the federal one — and shows whichever binds. Disposable earnings are computed for you, so a voluntary deduction cannot quietly shrink the garnishment base.
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New York garnishment: common questions
How much of my paycheck can be garnished in New York?
Not more than 10% of gross income, and never more than 25% of disposable earnings or the excess over 30 times the greater of the federal or New York minimum wage. Nothing at all may be withheld in a week where disposable earnings fall at or below that floor. On $1,000 gross and $800 disposable earnings a week, that works out to $100. Federal law alone would allow $200.
Do these limits cover child support or back taxes in New York?
No. Every figure here is for ORDINARY consumer debt. Child support and alimony carry their own, much higher federal limits — 50% to 65% of disposable earnings depending on whether you support another family and how far in arrears you are. Tax levies and bankruptcy orders are separate again, and New York carves out further exceptions listed above.
How much can be garnished for a federal student loan in New York?
New York's limit above does not apply. A defaulted federal student loan can be collected by administrative wage garnishment without a court judgment, "notwithstanding any provision of State law" (31 U.S.C. §3720D). The most it can take is 15% of disposable pay, and never so much that you keep less than 30 times the federal minimum wage — $217.50 a week (34 C.F.R. §34.19). On $800 of disposable earnings a week that is $120. Private student loans are different: they are ordinary consumer debt, need a court judgment first, and follow New York's limit.
What counts as disposable earnings?
Under federal law it is gross pay minus deductions REQUIRED by law: income tax, Social Security, Medicare, and legally mandated retirement. A voluntary deduction does not reduce disposable earnings even though it reduces take-home pay — a 401(k), health premium, HSA or union dues do not shrink what can be garnished.
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