Wage garnishment in North Dakota
On these earnings, North Dakota caps ordinary garnishment at $200 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 |
| North DakotaN.D.C.C. §32-09.1-03(1)–(2) | $200 |
The lesser of 25% of disposable earnings or the excess over 40x the federal minimum wage ($290 a week) — then reduced by a further $20 a week for each dependent living with the debtor.
The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment may not exceed the lesser of: a. Twenty-five percent of disposable earnings for that week. b. The amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage... The maximum amount subject to garnishment under subsection 1 for any workweek must be reduced by twenty dollars for each dependent family member residing with the garnishment debtor.
What this does not cover
- The $20-per-dependent weekly reduction is NOT applied here. It is subtracted from the result of the two-prong test and scales with a dependent count this calculator does not hold, so the figure shown is an upper bound — North Dakota takes less from any debtor with resident dependents.
- That reduction is also debtor-claimed: the debtor must give the employer a signed list of dependents' names and social security numbers within ten days of the garnishment summons, failing which "it is presumed that the garnishment debtor claims no dependents".
North Dakota's "earnings" includes pension, retirement and military retirement pay, and expressly excludes social security and VA disability pension benefits except for child support. This calculator takes disposable earnings on the federal definition.
Source: North Dakota Legislative Branch — N.D.C.C. ch. 32-09.1, read 2026-08-22.
Work out your own North Dakota garnishment
Already set to North Dakota. Enter your pay and this applies both limits — North Dakota’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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North Dakota garnishment: common questions
How much of my paycheck can be garnished in North Dakota?
The lesser of 25% of disposable earnings or the excess over 40x the federal minimum wage ($290 a week) — then reduced by a further $20 a week for each dependent living with the debtor. On $1,000 gross and $800 disposable earnings a week, that works out to $200. Federal law alone would allow $200.
Do these limits cover child support or back taxes in North Dakota?
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 North Dakota carves out further exceptions listed above.
How much can be garnished for a federal student loan in North Dakota?
North Dakota'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 North Dakota's limit.
What counts as disposable earnings?
North Dakota's "earnings" includes pension, retirement and military retirement pay, and expressly excludes social security and VA disability pension benefits except for child support. This calculator takes disposable earnings on the federal definition. 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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