Wage garnishment in South Dakota
On these earnings, South Dakota caps ordinary garnishment at $160 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 |
| South DakotaSDCL §21-18-51 | $160 |
The lesser of 20% of disposable earnings or the excess over 40x the greater of the federal or South Dakota minimum wage. At $11.85 that floor is $474 a week.
The maximum part of the aggregate disposable earnings of a wage earner for any workweek which is subject to garnishment may not exceed the lesser of: (1) Twenty percent of disposable earnings for that week; (2) The amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) as amended and in effect on July 24, 2009, or applicable state minimum wage if greater... less twenty-five dollars per week for each dependent family member residing with the garnishment debtor.
What this does not cover
- The $25-per-dependent weekly reduction is NOT applied here — it scales with a dependent count this calculator does not hold, so the figure shown is an upper bound. Note it attaches INSIDE the floor prong in South Dakota, where North Dakota subtracts it from the result of the whole test.
- South Dakota freezes its federal reference at the rate "in effect on July 24, 2009", i.e. $7.25 permanently. The arithmetic is identical today because the federal wage has not moved, but a future federal increase would raise this model's floor where the statute's would stay put.
$11.85 from 2026-01-01, indexed annually to CPI under SDCL 60-11-3 and announced by 15 October each year.
Source: South Dakota Legislature — SDCL §21-18-51, read 2026-08-22. Minimum wage: South Dakota Dept. of Labor and Regulation — Minimum Wage.
Work out your own South Dakota garnishment
Already set to South Dakota. Enter your pay and this applies both limits — South 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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South Dakota garnishment: common questions
How much of my paycheck can be garnished in South Dakota?
The lesser of 20% of disposable earnings or the excess over 40x the greater of the federal or South Dakota minimum wage. At $11.85 that floor is $474 a week. On $1,000 gross and $800 disposable earnings a week, that works out to $160. Federal law alone would allow $200.
Do these limits cover child support or back taxes in South 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 South Dakota carves out further exceptions listed above.
How much can be garnished for a federal student loan in South Dakota?
South 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 South Dakota'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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