Ohio: Wage Garnishment Limits
The short answer
Ohio essentially adopts the federal formula as its own: a judgment creditor can take the lesser of 25% of your disposable earnings or the amount by which they exceed 30 times the federal minimum hourly wage. Support orders and IRS levies automatically outrank an ordinary creditor's garnishment, and multiple ordinary garnishments are processed one at a time in the order the court received them, not all at once. An employer can't fire you over a single creditor's successful garnishment within a rolling twelve months.
| Governing law | Ohio Rev. Code § 2329.66(A)(13) sets the actual exemption amount (framed as what's protected, not what's takeable); §§ 2716.041 and 2716.05 govern the continuous garnishment order, multi-order stacking, and anti-discharge rule; support withholding runs through § 3121.03, which caps withholding at the federal CCPA support percentages, and § 3121.39 is a separate, support-specific anti-discharge statute |
|---|---|
| Maximum that can be garnished | The amount NOT exempt — and therefore takeable — is the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed a minimum-wage-based floor, expressed in Ohio's statute as an exemption equal to the GREATER of that floor or 75% of disposable earnings (Ohio Rev. Code § 2329.66(A)(13)) |
| State rule vs. federal floor | Essentially identical to the federal floor rather than more protective: Ohio's exemption formula in § 2329.66(A)(13) restates the same 25%-of-disposable/30x-minimum-wage two-part test as 15 U.S.C. § 1673, just phrased as what's exempt instead of what's collectible, and it uses only the federal minimum hourly wage as the reference point rather than the higher of the federal or Ohio wage |
| Minimum-wage protected floor | 30 times the federal minimum hourly wage per week (scaled up for other pay periods: 60x biweekly, 65x semimonthly, 130x monthly), using the federal minimum wage specifically — not Ohio's own, higher state minimum wage — as the reference point (Ohio Rev. Code § 2329.66(A)(13)(a)) |
| Support, tax & student loan debts | Support orders and IRS levies automatically qualify as a 'higher priority order' that displaces a pending ordinary garnishment (Ohio Rev. Code § 2716.041(C)(1)(e)); support withholding itself is capped at 'the maximum amount permitted' under 15 U.S.C. § 1673(b) — the federal 50-65% support tiers — by direct cross-reference rather than an independent Ohio percentage (§ 3121.03(A)(1)); most pension and retirement benefits are separately exempt from garnishment regardless of the ordinary cap (§ 2329.66(A)(10)) |
| Head-of-household/family exemption | None — Ohio's § 2329.66(A)(13) exemption formula applies uniformly regardless of dependents or household status, with no additional family-support test layered on top of it |
| Multiple garnishments at once | Two tiers: a support order or IRS levy automatically outranks a pending ordinary garnishment and can displace it (§ 2716.041(C)(1)(e)); among ordinary judgment-creditor garnishments, courts must issue orders in the same sequence the clerk received the affidavits, and a garnishee processes them one at a time — each order runs for up to 182 days before the next one in line begins — rather than splitting the capped percentage across multiple creditors at once (§ 2716.05; § 2716.041(D)) |
| Protection from being fired | Ohio Rev. Code § 2716.05 bars discharging an employee 'solely because of the successful garnishment of the employee's personal earnings by only one judgment creditor in any twelve-month period' — the same one-creditor limitation as 15 U.S.C. § 1674, but codified with an explicit rolling twelve-month window; a separate statute, § 3121.39, gives child/spousal support withholding its own broader protection barring discharge, discipline, or refusal to hire, with no one-creditor limit |
Compare this rule across all 50 states + DC →
The short answer
Ohio doesn't set its own, different percentage for ordinary wage
garnishment — it restates the federal formula as its own state
exemption. A judgment creditor can reach the lesser of 25% of your
disposable earnings or the amount above 30 times the federal minimum
hourly wage, the same two-part test as the federal Consumer Credit
Protection Act. What Ohio does add is procedural: support orders and IRS
levies automatically jump ahead of an ordinary creditor's garnishment,
multiple ordinary garnishments are processed one at a time rather than
split simultaneously, and firing an employee over a single creditor's
successful garnishment within a rolling twelve months is against the
law.
Requirements one by one
Governing law
The actual dollar-and-percentage rule is tucked into the general
execution-exemptions statute, Ohio Rev. Code § 2329.66(A)(13), not a
dedicated garnishment-cap section. The garnishment PROCESS — the
continuous order, multi-order stacking, and anti-discharge rule — is in
chapter 2716, mainly §§ 2716.041 and 2716.05. Child and spousal support
withholding is handled by a separate statute, § 3121.03, with its own
anti-discharge protection in § 3121.39.
Maximum that can be garnished
Ohio phrases the rule as an exemption rather than a cap, but it works
out to the same result as the federal test: § 2329.66(A)(13) protects
the GREATER of a minimum-wage-based floor or 75% of disposable earnings,
which means a creditor can take only the LESSER of 25% of disposable
earnings or the amount above that floor — exactly the federal Consumer
Credit Protection Act formula.
State rule vs. federal floor
Unlike states that lower the percentage or raise the wage multiple,
Ohio's formula is essentially identical to the federal floor. It doesn't
add extra protection on the numbers themselves, and it uses the federal
minimum hourly wage specifically as its reference point — not Ohio's own
state minimum wage, which is higher. A state that instead used the
higher of the federal or state minimum wage (as several neighboring
states do) would protect more of a low-wage worker's paycheck than Ohio
does.
Minimum-wage protected floor
The floor is 30 times the federal minimum hourly wage for a weekly pay
period, scaled up proportionally for other pay periods: 60 times for
biweekly, 65 times for semimonthly, and 130 times for monthly pay. Only
the federal minimum wage is used — Ohio's own higher minimum wage
doesn't raise this floor the way it does in some other states.
Support, tax & student loan debts
A support order or an IRS levy automatically counts as a "higher
priority order" that can displace a pending ordinary garnishment (§
2716.041(C)(1)(e)). Support withholding itself is capped by direct
cross-reference to the federal Consumer Credit Protection Act's support
provision, 15 U.S.C. § 1673(b) — meaning Ohio doesn't set its own,
different support percentage, it simply adopts the federal 50-65%
tiers. Most pension and retirement benefits are separately exempt from
an ordinary garnishment under § 2329.66(A)(10), regardless of the
25%/30x-minwage cap.
Head-of-household/family exemption
Ohio has none. The § 2329.66(A)(13) formula applies the same way to
every debtor regardless of dependents or household status — there's no
additional dollar amount or percentage protected on top of it for
someone supporting a family.
Multiple garnishments at once
Two rules apply depending on what's competing. A support order or IRS
levy automatically outranks a pending ordinary garnishment and can
displace it mid-stream. Among ordinary judgment-creditor garnishments,
though, Ohio doesn't split the capped percentage across multiple
creditors simultaneously: courts must issue orders in the same sequence
the clerk received the affidavits, and a garnishee processes them one at
a time, with each order running for up to 182 days before the next one
in line begins.
Protection from being fired
Section 2716.05 bars firing an employee "solely because of the
successful garnishment of the employee's personal earnings by only one
judgment creditor in any twelve-month period" — the same one-creditor
limitation the federal rule has, but written with an explicit rolling
twelve-month window rather than left open-ended. Support withholding
gets its own, broader protection under § 3121.39, which bars not just
discharge but any disciplinary action or refusal to hire based on a
support withholding notice, with no one-creditor limit at all.
What trips people up
Ohio's exemption is written as "what you keep," not "what the creditor
can take," which can make the statute read backward compared to states
that state a straightforward percentage cap — but the math comes out the
same as the federal formula. People also sometimes assume multiple
garnishments split the 25% cap between creditors at once; in Ohio,
ordinary creditors instead wait in line, and a second creditor's
garnishment generally doesn't start collecting until the first one's
judgment is paid off or its 182-day processing window under § 2716.041
runs out.
Common questions
If I already have one garnishment, does a second creditor start
taking money from the same paycheck right away?
No. Ohio processes ordinary garnishments in the order the court received
them, one at a time. A later creditor doesn't share the capped
percentage with an earlier one — they wait until the earlier order is
satisfied or its priority period ends.
Does a child support order really jump ahead of my existing wage
garnishment?
Yes. Ohio Rev. Code § 2716.041(C)(1)(e) makes a support order (or an IRS
levy) a higher-priority order that can displace a pending ordinary
garnishment.
Can my employer fire me if two different creditors garnish my wages in
the same year?
Ohio's statute only protects you from discharge over a single creditor's
successful garnishment within a twelve-month period — a second,
different creditor's garnishment isn't covered by this specific
protection.
Statutes and sources
- Ohio Rev. Code § 2329.66(A)(13) — "Except as provided in sections
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code,
personal earnings of the person owed to the person for services in an
amount equal to the greater of the following amounts: (a) If paid
weekly, thirty times the current federal minimum hourly wage; if paid
biweekly, sixty times the current federal minimum hourly wage; if paid
semimonthly, sixty-five times the current federal minimum hourly wage;
or if paid monthly, one hundred thirty times the current federal
minimum hourly wage that is in effect at the time the earnings are
payable, as prescribed by the \"Fair Labor Standards Act of 1938,\" 52
Stat. 1060, 29 U.S.C. 206(a)(1), as amended; (b) Seventy-five per cent
of the disposable earnings owed to the person." —
https://codes.ohio.gov/ohio-revised-code/section-2329.66 (accessed
2026-07-05) - Ohio Rev. Code § 2716.041(C)(1)(e) — "A municipal or county court or a
court of common pleas issues to the garnishee another order of
garnishment of personal earnings that relates to the same judgment
debtor and a different judgment creditor, and the law of this state or
of the United States provides that the other order of garnishment of
personal earnings has a higher priority than the pending continuous
order of garnishment of personal earnings. A higher priority order of
that nature may include, but is not limited to, a support order and an
internal revenue service levy." —
https://codes.ohio.gov/ohio-revised-code/section-2716.041 (accessed
2026-07-05) - Ohio Rev. Code § 2716.05 — "No employer shall discharge an employee
solely because of the successful garnishment of the employee's
personal earnings by only one judgment creditor in any twelve-month
period. If several affidavits seeking orders of garnishment of
personal earnings are filed against the same judgment debtor in
accordance with section 2716.03 of the Revised Code, the court
involved shall issue the requested orders in the same order in which
the clerk received the associated affidavits." —
https://codes.ohio.gov/ohio-revised-code/section-2716.05 (accessed
2026-07-05) - Ohio Rev. Code § 3121.03(A)(1) — "To the extent possible, the amount
specified to be withheld shall satisfy the amount ordered for support
in the support order plus any arrearages owed by the obligor under any
prior support order that pertained to the same child or spouse,
notwithstanding any applicable limitations of sections 2329.66,
2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code. However,
in no case shall the sum of the amount to be withheld and any fee
withheld by the payor as a charge for its services exceed the maximum
amount permitted under section 303(b) of the \"Consumer Credit
Protection Act,\" 15 U.S.C. 1673(b)." —
https://codes.ohio.gov/ohio-revised-code/section-3121.03 (accessed
2026-07-05) - Ohio Rev. Code § 3121.39 — "No payor that is an employer may use a
requirement to withhold personal earnings contained in a withholding
notice issued under section 3121.03 of the Revised Code as a basis for
a discharge of, or for any disciplinary action against, an employee,
or as a basis for a refusal to employ a person." —
https://codes.ohio.gov/ohio-revised-code/section-3121.39 (accessed
2026-07-05) - 15 U.S.C. § 1673 — "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." —
https://www.govinfo.gov/app/details/USCODE-2011-title15/USCODE-2011-title15-chap41-subchapII-sec1673
(accessed 2026-07-05) - 15 U.S.C. § 1674 — "No employer may discharge any employee by reason
of the fact that his earnings have been subjected to garnishment for
any one indebtedness." —
https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm
(accessed 2026-07-05)
Source links
Every statute quoted above, linked, with the date we checked it.