Garnishments
Understand garnishments, their application, and how to manage child support with Check.
Garnishments and child support withholding
Goals
- Understand what garnishments are and when they apply
- Learn how Check supports garnishment processing
- Review calculation methods and federal limitations
What is a garnishment?
A garnishment is a legal order requiring a company to withhold part of an employee’s wages to repay a debt. The withheld amount is paid directly to a government agency or authorized creditor.
When a garnishment is added to payroll, Check processes the deduction according to the details in the garnishment order.
When a garnishment applies
A garnishment is typically issued when a debt has gone unpaid. The garnishment notice includes:
- The amount owed
- The name of the employee
- Payment instructions and agency details
Common garnishment types include:
- Child support orders
- Federal or state tax levies
- Student loan repayment orders
- Creditor garnishments
The employer’s responsibility ends when:
- The full amount has been withheld, or
- The employee is no longer employed
Federal law prohibits employers from terminating an employee because they are subject to garnishment.
How Check supports garnishments
The Check API supports post-tax deductions, including garnishments. To create a garnishment, you must provide the following information from the garnishment notice:
- Case number
- Agency name
- Issue date
- Per pay period deduction amount
- Maximum percentage of disposable earnings
- Effective start date
Check automatically deducts either the fixed amount or the maximum allowed amount from each regular payroll after the effective start date. If the employee has multiple active child support orders, and total deductions would exceed allowable limits, Check proportionally reduces the deductions following Administration for Children and Families (ACF) guidelines.
For implementation details, refer to Creating Post-Tax Deductions in the Check API documentation
Failed child support payments
Check continuously monitors child support payments to confirm successful delivery. If a payment fails, Check contacts the agency to determine the reason.
A common cause of failure is incorrect or unrecognized employee or case ID details. If this occurs:
- Check opens a Zendesk ticket to notify you and requests updated information.
- You should immediately contact the employer to verify the withholding order.
- Respond to Check as soon as possible to prevent delayed payments.
If no response is received after three outreach attempts, Check returns the withheld funds to the employer and notifies you through Zendesk.
Delayed or failed child support payments may result in legal consequences for the employee.
How garnishments are calculated
Garnishments are post-tax deductions, applied as either:
- A flat dollar amount per pay period, or
- A percentage of disposable earnings
Understanding disposable earnings
Disposable earnings are calculated by subtracting legally required deductions from gross wages. Required deductions include:
- Federal, state, and local income taxes
- Social Security and Medicare (FICA)
- State unemployment or disability taxes
Voluntary deductions—such as 401(k) contributions, health or dental insurance, union dues—do not reduce disposable earnings.
Multiple garnishments
An employee may have multiple garnishments at once, but the total withheld cannot exceed legal limits. When this happens:
- Child support takes priority
- Federal tax levies are next
- Other garnishments follow in the order received
Check applies garnishment deductions according to this priority system.
Federal garnishment limits
The Consumer Credit Protection Act (CCPA) limits the amount of disposable earnings that can be garnished per pay period to the lesser of:
- 25% of disposable earnings, or
- The amount by which disposable earnings exceed 30 times the current federal minimum wage
As of 2025, the federal minimum wage is $7.25 per hour. Based on that rate, the garnishment thresholds are:
Pay Frequency | No Garnishment | Partial Garnishment | Maximum Garnishment |
Weekly | $217.50 or less | $217.51 to $289.99 — amount above $217.50 | $290.00 or more — 25% |
Biweekly | $435.00 or less | $435.01 to $579.99 — amount above $435.00 | $580.00 or more — 25% |
Semimonthly | $471.25 or less | $471.26 to $628.32 — amount above $471.25 | $628.33 or more — 25% |
Monthly | $942.50 or less | $942.51 to $1256.65 — amount above $942.50 | $1256.66 or more — 25% |
If the employer withholds more than permitted, and the employee receives less than the required minimum wage, the employer may be penalized under the Fair Labor Standards Act (FLSA).
Child support garnishment limits
Most child support orders specify a flat dollar amount to be withheld, but federal law sets maximum limits based on family status and payment history.
Employee Family Status | Not in Arrears | 12+ Weeks in Arrears |
Supports another spouse/child | 50% of earnings | 55% of earnings |
Does not support others | 60% of earnings | 65% of earnings |
Check automatically applies these limits and adjusts deductions accordingly.
Last updated on June 6, 2025