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Payrollquest · Sep 4, 2009, 10:24 AM

I have an Employee who currently has 15% garnishment from the US department of Education. I have now received one from NYS commission of tax and finance for 10% of gross wages.
I do not deal with garnishments much - but seeing that he already has 15 of his disposable garnished, do I hold of the new one till that is complete... is this correct?
Or do you take the last 10% of disposable and put towards the new garnishment and then he would be at the max amount of 25% of disposable.

excon · Sep 4, 2009, 10:39 AM

Hello P:

You have been given orders from the court. They are not there for you to figure out. I'd follow them to the letter.

excon

s_cianci · Sep 4, 2009, 10:50 AM

I have now received one from NYS commission of tax and finance for 10% of gross wages.

This answers your question. 10% of gross wages ; that means 10% of salary before any deductions. So whatever that dollar figure is, take 10% of that amount.

JudyKayTee · Sep 4, 2009, 02:40 PM

Originally Posted by s_cianci

This answers your question. 10% of gross wages ; that means 10% of salary before any deductions. So whatever that dollar figure is, take 10% of that amount.

OP refers to NY so I am assuming the OP is in NY. Here is my understanding of garnishment in NY. Your info appears different. Please give your source so I can compare it with mine.

My understanding of NY Law is that there is a sliding scale when wage garnishment is concerned.

Disposal income is the amount an employee takes home following deductions for taxes, Unemployment insurance and Social Security.

For other than child/spousal support:

If the disposable income is less than $175.50/week wages cannot be legally garnished.

Between $175.50-$234/week it’s the LESSER of the amount above $175.50 OR 10% of gross income.

More than $234/week it’s the LESSER of 10% of gross income OR 25% of disposable income.

If there is an order in place for child or spousal support only 25% of disposable income can be garnished for a Judgment.

If there are two garnishments (or more) the salary/pay can only be taken to the limits listed above. (In most cases one is paid off and then the second begins.)