Wage Garnishment Limits in New Hampshire
At a glance
| Governing law | RSA 512:21 governs ordinary trustee-process wage exemptions; RSA 458-B:4 and :6 govern support income-assignment limits and priority. |
|---|---|
| Maximum that can be garnished | Future wages earned after service are exempt (RSA 512:21(I)). Already earned, unpaid wages may be reached in an action on a New Hampshire judgment, above a 50× federal-hourly-wage weekly exemption (paragraph II); paragraphs IX–X address certain RSA 399-A loans. |
| State rule vs. federal floor | The post-service future-wages exemption is more protective than the federal 25%/30× formula; the already-earned wage exemption uses 50× the federal minimum hourly wage (RSA 512:21(I)–(II); 15 U.S.C. § 1673(a)). |
| Minimum-wage protected floor | 50× the Fair Labor Standards Act minimum hourly wage per week for already-earned wages in the judgment-action route (RSA 512:21(II)); post-service wages are exempt altogether. |
| Support, tax & student loan debts | Support income assignment is capped by federal 15 U.S.C. § 1673(b) (RSA 458-B:4(IV)) and takes priority over other state-law process against the same income (RSA 458-B:6(VI)). |
| Head-of-household/family exemption | RSA 512:21(I)–(II) makes no dependent-status distinction in its ordinary wage exemption; paragraph III separately protects wages of a debtor’s wife and minor children. |
| Multiple garnishments at once | RSA 458-B:6(VI) prioritizes support assignment over other state-law process. Among support obligations, RSA 458-B:4(VI) orders current support, health insurance or current medical support, arrears, then other child support unless an order directs otherwise. |
| Protection from being fired | Federal 15 U.S.C. § 1674 bars discharge over garnishment for one debt; RSA 458-B:6(VIII) separately penalizes discharge, refusal to hire, or discipline because of support withholding. |
Requirements one by one
Maximum that can be garnished
RSA 512:21(I) exempts “wages for labor performed by the defendant after the service of the writ upon the trustee.” Paragraph II generally exempts wages already earned before service too, except in an action founded on a judgment issued by a New Hampshire court. In that route, 50 times the federal minimum hourly wage per week remains protected. Paragraphs IX and X state separate rules for specified RSA 399-A loan contracts.
Support income assignment
Support withholding runs under RSA chapter 458-B rather than the ordinary trustee-process wage exemption. Section 458-B:4(IV) caps the total at the federal 15 U.S.C. § 1673(b) support amount. Section 458-B:6(VI) gives the withholding priority over other state-law process against the same income.
Multiple garnishments at once
For competing support obligations, RSA 458-B:4(VI) orders current child and spousal support first, then health insurance or current cash medical support, then arrears, then other child support, unless a court or administrative order directs otherwise.
Protection from being fired
Federal § 1674 protects against discharge because wages were garnished for one debt. RSA 458-B:6(VIII) separately makes discharge, refusal to hire, or discipline because of support withholding a misdemeanor, with a fine of up to $1,000.
What trips people up
Service time matters: wages earned after the writ is served are exempt even if the employer later owes them. The narrow judgment route in RSA 512:21(II) concerns wages earned before service. Paragraph III separately exempts earnings of a debtor's wife and minor children.
Common questions
Can a creditor keep taking future paychecks under one ordinary writ? RSA 512:21(I) exempts wages for work performed after the writ reaches the employer.
Does a support assignment follow that exemption? No. RSA 458-B:4 and :6 supply separate withholding limits and priority.
Statutes and sources
- N.H. Rev. Stat. Ann. § 512:21 — https://gc.nh.gov/rsa/html/LII/512/512-21.htm (accessed 2026-10-07)
- N.H. Rev. Stat. Ann. § 458-B:4 — https://gencourt.state.nh.us/rsa/html/XLIII/458-B/458-B-4.htm (accessed 2026-10-07)
- N.H. Rev. Stat. Ann. § 458-B:6 — https://gc.nh.gov/rsa/html/xliii/458-b/458-b-6.htm (accessed 2026-10-07)
- 15 U.S.C. § 1673 — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
- 15 U.S.C. § 1674 — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-07)
- N.H. Rev. Stat. Ann. § 512:21(III), (IX)–(X) — https://gc.nh.gov/rsa/html/LII/512/512-21.htm (accessed 2026-10-07)
Source links
Every statute quoted above, linked, with the date we checked it.
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