Wage Garnishment Limits in Nebraska
At a glance
| Governing law | Neb. Rev. Stat. § 25-1558 (wage exemption and anti-discharge rule); § 25-1056(4)-(5) (multiple-garnishment priority and continuing-lien procedure) |
|---|---|
| Maximum that can be garnished | Lesser of 25% of disposable earnings for the workweek, the amount by which disposable earnings exceed 30 times the federal minimum hourly wage, or 15% of disposable earnings if the debtor is a head of a family (§ 25-1558(1)) — the head-of-family cut is Nebraska's real addition on top of the federal formula |
| State rule vs. federal floor | Matches the federal 25%/30x-federal-min-wage test for a debtor who isn't a head of family, but cuts the cap to 15% for anyone who is — one of the lower head-of-household percentages found in this survey, since it replaces rather than adds to the ordinary cap |
| Minimum-wage protected floor | 30 times the federal minimum hourly wage prescribed by 29 U.S.C. § 206(a)(1) — $217.50/week at $7.25/hour — the plain federal multiplier, not increased by Nebraska's own statute |
| Support, tax & student loan debts | Court support orders, bankruptcy Chapter XIII orders, and state or federal tax debt are all excepted from the ordinary cap entirely (§ 25-1558(2)); wage assignments and garnishments for support of a person outrank ordinary (non-support) garnishments and liens regardless of filing order (§ 25-1056(4)(b)) |
| Head-of-household/family exemption | A debtor who qualifies as "head of a family" — someone who actually supports and maintains a dependent connected by blood, marriage, adoption, or guardianship, based on a moral or legal obligation (§ 25-1558(4)(d)) — has the ordinary cap cut from 25% to 15% of disposable earnings (§ 25-1558(1)(c)), rather than gaining a separate add-on exemption |
| Multiple garnishments at once | Time-of-service priority, with support outranking non-support claims regardless of order (§ 25-1056(4)). Only one continuing lien against a debtor's earnings can be in effect at a time; a continuing lien, once obtained, outranks any later garnishment or wage assignment except a support order (§ 25-1056(5)) |
| Protection from being fired | Matches the federal rule exactly: no employer may discharge an employee because the employee's earnings have been subjected to garnishment for any ONE indebtedness (§ 25-1558(6)) — a second garnishment for a different debt isn't protected by Nebraska or federal law |
Requirements one by one
Ordinary wage cap
Neb. Rev. Stat. § 25-1558(1) takes the lesser of three amounts: 25% of disposable earnings, the amount above 30 times the federal minimum hourly wage, or 15% of disposable earnings for a head of family. At the $7.25 federal rate in 29 U.S.C. § 206(a)(1)(C), the weekly floor is $217.50. This uses the federal wage rather than Nebraska's minimum wage. The federal ordinary cap in 15 U.S.C. § 1673 has the same first two limits, while Nebraska adds the head-of-family limit.
A head of family actually supports and maintains someone closely connected by blood, marriage, adoption, or guardianship, based on a moral or legal obligation (§ 25-1558(4)(d)). The 15% limit is another ceiling, not an amount added to the ordinary cap.
Excluded debts and competing orders
Section 25-1558(2) excludes court support orders, specified bankruptcy orders, and state or federal tax debts from its ordinary wage cap. Under § 25-1056(4), service time generally sets priority, but support wage assignments and garnishments outrank ordinary claims. Only one continuing lien against a worker's earnings may operate at a time (§ 25-1056(5)).
Job protection
Section 25-1558(6) prohibits discharge because earnings were garnished for one indebtedness. The federal rule in 15 U.S.C. § 1674(a) uses the same one-indebtedness wording.
What trips people up
The 15% head-of-family limit does not replace the other two parts of the “lesser of” formula. The statutory definition also requires actual support and maintenance of a qualifying dependent (§ 25-1558(1), (4)(d)).
Common questions
Does Nebraska use its own minimum wage for the protected floor? No. Section 25-1558(1)(b) expressly uses the federal minimum hourly wage.
Can two ordinary creditors run continuing wage liens at the same time? No. Section 25-1056(5) permits only one continuing lien against earnings at a time; § 25-1056(4) gives support claims priority.
Statutes and sources
- Neb. Rev. Stat. § 25-1558 (cap, family definition, exceptions, discharge protection): https://nebraskalegislature.gov/laws/statutes.php?statute=25-1558 (accessed 2026-10-06).
- Neb. Rev. Stat. § 25-1056(4)-(5) (priority and continuing liens): https://nebraskalegislature.gov/laws/statutes.php?statute=25-1056 (accessed 2026-10-06).
- 15 U.S.C. § 1673 (federal ordinary wage cap): https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-06).
- 15 U.S.C. § 1674(a) (single indebtedness discharge protection): 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)(C) (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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