Wage Garnishment Limits in Montana
At a glance
| Governing law | Mont. Code Ann. § 25-13-614 (the substantive earnings-garnishment cap); § 25-13-402(6) (mechanics and priority of a levy on earnings); § 39-2-302 (anti-discharge) |
|---|---|
| Maximum that can be garnished | The lesser of: (1) the amount by which the debtor's disposable earnings for the week exceed 30 times the federal minimum hourly wage, or (2) 25% of the debtor's disposable earnings for that week (§ 25-13-614(1)-(2)) — the plain federal Consumer Credit Protection Act formula, adopted without any state-specific reduction or extension |
| State rule vs. federal floor | Simply adopts the federal CCPA formula as its own state rule, with identical numbers (25% / 30x federal minimum wage) and no independent state cut or extension. Montana is not more protective, less protective, or a bar state — it restates the federal floor directly in its own code |
| Minimum-wage protected floor | 30 times the federal minimum hourly wage under 29 U.S.C. § 206(a)(1) (§ 25-13-614(2)(a)) — the same multiplier as federal law, and tied specifically to the FEDERAL minimum wage rather than Montana's own (higher) state minimum wage, unlike states that use whichever minimum wage is higher |
| Support, tax & student loan debts | Child and spousal support orders are excluded from the ordinary cap (§ 25-13-614(3)); § 25-13-614(4) instead caps support garnishment at 50% or 60% of disposable earnings, rising to 55% or 65% for qualifying arrears |
| Head-of-household/family exemption | The ordinary 25%/30-times-federal-wage cap in § 25-13-614(2) applies without a family-status adjustment |
| Multiple garnishments at once | Strict first-in-time priority: 'multiple levies served under this subsection have priority according to the date and time of service upon the employer' (§ 25-13-402(6)(c)), so an earlier-served levy is paid first out of the capped amount before a later one, subject to any superior state or federal priority rule for a specific type of levy (§ 25-13-402(8)) — support orders, for instance, are not limited by an earlier ordinary garnishment |
| Protection from being fired | Montana has its own state statute, broader than the federal floor: 'No employer shall discharge or lay off an employee because of attachment or garnishment served on the employer against the wages of the employee' (§ 39-2-302), with no limit to a first garnishment on a single debt — unlike the federal rule (15 U.S.C. § 1674), which only protects against discharge for one garnishment on one debt |
Requirements one by one
Ordinary cap and federal comparison
Mont. Code Ann. § 25-13-614(2) sets the maximum ordinary garnishment at the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum hourly wage. The $7.25 rate in 29 U.S.C. § 206(a)(1) makes that floor $217.50 for a workweek. Montana uses the same 25% and 30-times-federal-wage figures as the federal ordinary rule; § 25-13-614(2) does not adjust the formula for family status.
Support orders and competing levies
Support orders are outside the ordinary cap (§ 25-13-614(3)). For them, § 25-13-614(4) caps withholding at 50% or 60% of disposable earnings depending on whether the debtor supports another spouse or child; the figures rise to 55% or 65% for qualifying older arrears.
A wage levy continues for 120 days or until satisfaction, whichever comes first (§ 25-13-402(6)(a)). Multiple levies served on the employer rank by date and time of service, subject to other state or federal priority law (§ 25-13-402(6)(c), (8)).
Employment protection
Mont. Code Ann. § 39-2-302 says an employer may not discharge or lay off an employee because of attachment or garnishment served against wages. Its text has no single-indebtedness limit. Federal law separately protects against discharge for garnishment of one indebtedness (15 U.S.C. § 1674).
What trips people up
The wage floor uses the federal minimum rate, even if Montana's own minimum wage is higher (§ 25-13-614(2)(a)). A later served ordinary levy also does not move ahead of an earlier one merely because its debt is larger (§ 25-13-402(6)(c)).
Common questions
Does supporting a family change the ordinary cap? Section 25-13-614(2) uses the same ordinary formula for every judgment debtor; support orders use separate rules.
Can an employer fire me because of a wage levy? Section 39-2-302 prohibits discharge or layoff because of the garnishment served on the employer.
Statutes and sources
- Mont. Code Ann. § 25-13-614 (ordinary and support limits): https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0140/0250-0130-0060-0140.html (accessed 2026-10-06).
- Mont. Code Ann. § 25-13-402(6), (8) (levy duration and priority): https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html (accessed 2026-10-06).
- Mont. Code Ann. § 39-2-302 (employer discharge): https://mca.legmt.gov/bills/mca/title_0390/chapter_0020/part_0030/section_0020/0390-0020-0030-0020.html (accessed 2026-10-06).
- 15 U.S.C. § 1674 (federal discharge rule): https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-06).
- 29 U.S.C. § 206(a)(1) (federal minimum wage): https://www.govinfo.gov/content/pkg/USCODE-2024-title29/html/USCODE-2024-title29-chap8-sec206.htm (accessed 2026-10-06).
Source links
Every statute quoted above, linked, with the date we checked it.
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