Wage Garnishment Limits in California

At a glance

Requirements one by one

Governing law

California’s Wage Garnishment Law uses “disposable earnings,” the pay left after amounts required by law are withheld (§ 706.011(a)). The ordinary cap is in § 706.050; Labor Code § 2929 separately addresses discharge for garnishment.

Maximum that can be garnished

Section 706.050(a) requires the lesser of two figures: 20% of disposable earnings, or 40% of earnings above the protected minimum-wage threshold. For example, if weekly disposable pay is $1,000 and the applicable hourly minimum wage is $20, the percentage prong is $200, while the threshold prong is 40% of $40, or $16. The maximum ordinary withholding is $16.

State rule vs. federal floor

The federal Consumer Credit Protection Act allows the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage (15 U.S.C. § 1673(a)). California’s smaller percentage and larger protected wage multiple limit ordinary garnishment further.

Minimum-wage protected floor

Section 706.050(a)(2) uses the state minimum wage in effect when pay is due, or the higher local minimum wage where the debtor works. For nonweekly pay, subsection (b) specifies 96 hours for biweekly, 104 for semimonthly, and 208 for monthly pay.

Support, tax and student-loan debts

A support withholding order has priority over every other earnings withholding order (§ 706.030(c)(2)). Federal law sets support ceilings of 50% or 60% of disposable earnings, rising to 55% or 65% for older arrears, depending on whether the worker supports another spouse or child (15 U.S.C. § 1673(b)(2)). California permits a support order and another order to operate simultaneously, subject to support priority and Article 3 (§ 706.030(c)(3)). State tax orders fall under the separate tax article (§§ 706.051(c)(4), 706.070); federal tax debts and qualifying federal student loans follow federal provisions (15 U.S.C. § 1673(b)(1)(C); 20 U.S.C. § 1095a(a)).

Head-of-household and family exemption

The debtor can prove that a portion of earnings is necessary for their own or their family’s support; that portion is exempt under § 706.051(b). Subsection (c) withholds this exemption for listed family-law attorney-fee debts, wages owed to the debtor’s employee or former employee, support orders, and state tax orders. The rule turns on demonstrated need, not a fixed head-of-household dollar amount.

Multiple garnishments at once

An employer normally follows the first earnings withholding order served (§ 706.023(a)); a later ordinary order is ineffective while the first remains in force (§ 706.023(c)). Section 706.023(d) gives an elder or dependent-adult financial-abuse order priority over ordinary orders, but not over support or tax orders. Support orders have their own priority and simultaneous-withholding rule in § 706.030(c).

Protection from being fired

Labor Code § 2929(b) bars discharge because garnishment was threatened or wages were garnished for one judgment. A weaker employment-contract term is void. Under subsection (c), qualifying wages continue after a wrongful discharge until reinstatement, capped at 30 days and the prior 30 days’ earnings; the employee must give timely notice of a wage claim.

What trips people up

“Disposable” pay is not gross pay and does not mean pay after every voluntary deduction: § 706.011(a) deducts only amounts required to be withheld by law. The protected floor also follows the applicable state or higher local hourly wage, so the dollar threshold can change with the work location (§ 706.050(a)(2)).

The family-support exemption requires proof of necessity (§ 706.051(b)). A person with dependents does not automatically receive an additional fixed exemption, and the statute names orders against which the exemption cannot be used (§ 706.051(c)).

Common questions

Does the formula change for a monthly paycheck? The same percentage cap applies, but § 706.050(b)(4) uses 208 hours of the applicable minimum wage for the monthly threshold.

Can a second ordinary creditor collect through the employer at the same time? The later ordinary order is ineffective while the employer must comply with the first order (§ 706.023(c)). Support and named tax or elder-abuse orders have separate priority rules.

Does this chapter cover independent-contractor invoices? Its definition of earnings is compensation payable by an employer to an employee for personal services (§ 706.011(b)). An independent-contractor invoice falls outside that defined employer-employee earnings category.

Statutes and sources

• Cal. Civ. Proc. Code § 706.050: “(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty percent of the individual’s disposable earnings for that week. (2) Forty percent of the amount by which the individual’s disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph. (b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1): (1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a). (2) For a biweekly pay period, multiply the applicable hourly minimum wage by 96 work hours. (3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 104 work hours. (4) For a monthly pay period, multiply the applicable hourly minimum wage by 208 work hours. (c) This section shall become operative on September 1, 2023.” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.050.&lawCode=CCP
• Cal. Civ. Proc. Code § 706.051: “(a) For the purposes of this section, “family of the judgment debtor” includes the spouse or former spouse of the judgment debtor. (b) Except as provided in subdivision (c), the portion of the judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter. (c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies: (1) The debt was incurred pursuant to an order or award for the payment of attorney’s fees under Section 2030, 3121, or 3557 of the Family Code. (2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor. (3) The order is a withholding order for support under Section 706.030. (4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order).” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.051.&lawCode=CCP
• Cal. Civ. Proc. Code § 706.030: “(2) A withholding order for support has priority over any other earnings withholding order. An employer upon whom a withholding order for support is served shall withhold and pay over earnings of the employee pursuant to that order notwithstanding the requirements of another earnings withholding order. (3) Subject to paragraph (2) and to Article 3 (commencing with Section 706.050), an employer shall withhold earnings pursuant to both a withholding order for support and another earnings withholding order simultaneously.” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.030.&lawCode=CCP
• Cal. Civ. Proc. Code § 706.023: “Except as otherwise provided in this chapter: (a) An employer shall comply with the first earnings withholding order served upon the employer. (b) If the employer is served with two or more earnings withholding orders on the same day, the employer shall comply with the order issued pursuant to the judgment first entered. If two or more orders served on the same day are based on judgments entered upon the same day, the employer shall comply with whichever one of the orders the employer selects. (c) If an earnings withholding order is served while an employer is required to comply with another earnings withholding order with respect to the earnings of the same employee, the subsequent order is ineffective and the employer shall not withhold earnings pursuant to the subsequent order, except as provided in subdivision (d). (d) Notwithstanding any other provisions of this section, a withholding order for elder or dependent adult financial abuse has priority over any other earning withholding order except for a withholding order for support under Section 706.030 and a withholding order for taxes under Section 706.072. (1) An employer upon whom a withholding order for elder or dependent adult financial abuse is served shall withhold and pay over earnings of the employee pursuant to that order notwithstanding the requirements of another earnings withholding order except as provided in paragraph (2). (2) An employer shall not withhold earnings of an employee pursuant to an earnings withholding order for elder or dependent adult financial abuse if a withholding order for support or for taxes is in effect or if a prior withholding order for elder or dependent adult financial abuse is in effect. In that case, the subsequent withholding order for elder or dependent financial abuse is ineffective. (3) When an employer is required to cease withholding earnings pursuant to a prior earnings withholding order, the employer shall notify the levying officer who served the prior earnings withholding order that a supervening earnings withholding order for elder or dependent financial abuse is in effect.” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.023.&lawCode=CCP
• Cal. Lab. Code § 2929: “(b) No employer may discharge any employee by reason of the fact that the garnishment of his wages has been threatened. No employer may discharge any employee by reason of the fact that his wages have been subjected to garnishment for the payment of one judgment. A provision of a contract of employment that provides an employee with less protection than is provided by this subdivision is against public policy and void. (c) Unless the employee has greater rights under the contract of employment, the wages of an employee who is discharged in violation of this section shall continue until reinstatement notwithstanding such discharge, but such wages shall not continue for more than 30 days and shall not exceed the amount of wages earned during the 30 calendar days immediately preceding the date of the levy of execution upon the employee’s wages which resulted in his discharge. The employee shall give notice to his employer of his intention to make a wage claim under this subdivision within 30 days after being discharged; and, if he desires to have the Labor Commissioner take an assignment of his wage claim, the employee shall file a wage claim with the Labor Commissioner within 60 days after being discharged. The Labor Commissioner may, in his discretion, take assignment of wage claims under this subdivision as provided for in Section 96. A discharged employee shall not be permitted to recover wages under this subdivision if a criminal prosecution based on the same discharge has been commenced for violation of Section 304 of the Consumer Credit Protection Act of 1968 (15 U.S.C. Sec. 1674).” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2929.&lawCode=LAB
• 15 U.S.C. § 1673: “(a) Maximum allowable garnishment Except as provided in subsection (b) and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of title 29 in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2). (b) Exceptions (1) The restrictions of subsection (a) do not apply in the case of (A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review. (B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11. (C) any debt due for any State or Federal tax. (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed— (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. (c) Execution or enforcement of garnishment order or process prohibited No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.” Accessed 2026-10-07: https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm
• 15 U.S.C. § 1674: “(a) Termination of employment No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (b) Penalties Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both.” Accessed 2026-10-07: https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm
• Cal. Civ. Proc. Code § 706.011(a)–(b): “(a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law. (b) “Earnings” means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise.” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.011.&lawCode=CCP
• Cal. Civ. Proc. Code § 706.070(a)–(b): “(a) “State” means the State of California and includes any officer, department, board, or agency thereof. (b) “State tax liability” means an amount for which the state has a state tax lien as defined in Section 7162 of the Government Code excluding a state tax lien created pursuant to the Fish and Game Code.” Accessed 2026-10-07: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.070.&lawCode=CCP
• 20 U.S.C. § 1095a(a): “Notwithstanding any provision of State law, a guaranty agency, or the Secretary in the case of loans made, insured or guaranteed under this subchapter that are held by the Secretary, may garnish the disposable pay of an individual to collect the amount owed by the individual” Accessed 2026-10-07: https://www.govinfo.gov/link/uscode/20/1095a