Wage Garnishment Limits in Texas
At a glance
| Governing law | Tex. Const. art. XVI, § 28 (the bar itself); codified in Tex. Civ. Prac. & Rem. Code § 63.004 and Tex. Prop. Code § 42.001(b)(1); support exceptions run through Tex. Fam. Code chs. 8 and 158 |
|---|---|
| Maximum that can be garnished | Zero for an ordinary judgment creditor — current wages for personal service can't be garnished at all except for child support or spousal maintenance |
| State rule vs. federal floor | Far more protective than the federal floor: Texas bars ordinary wage garnishment entirely, where federal law alone would allow up to 25% |
| Minimum-wage protected floor | Not applicable — there's no percentage/minimum-wage formula, because ordinary wages can't be garnished for a private debt in the first place |
| Support, tax & student loan debts | Court-ordered child support and spousal maintenance are constitutional exceptions (Tex. Const. art. XVI, § 28); combined withholding cannot exceed 50% (§§ 158.009, 8.106). Federal tax levy and eligible federal student-loan garnishment arise under 26 U.S.C. § 6331 and 20 U.S.C. § 1095a(a), the latter capped at 15% without written consent |
| Head-of-household/family exemption | Current wages for personal service are protected from ordinary creditors regardless of family status (Tex. Const. art. XVI, § 28; Prop. Code § 42.001(b)(1)) |
| Multiple garnishments at once | For the debts Texas does allow: a combined support withholding order pays current child support first, then current spousal maintenance, then child support arrears, then spousal maintenance arrears (Fam. Code § 8.101(d)); multiple child-support orders split available withholding capacity up to the 50% cap (Fam. Code § 158.207) |
| Protection from being fired | For support orders, an employer may not discipline, discharge, or refuse to hire because of withholding; intentional discharge carries wage, benefit, fee, cost, and expense liability (Fam. Code § 158.209). Federal law bars discharge for garnishment over one indebtedness (15 U.S.C. § 1674) |
Requirements one by one
Ordinary creditor limit
Tex. Const. art. XVI, § 28 says, “No current wages for personal service shall ever be subject to garnishment,” except for court-ordered child support or spousal maintenance. Tex. Civ. Prac. & Rem. Code § 63.004 discharges a garnishee as to current wages, and Tex. Prop. Code § 42.001(b)(1) separately exempts them from seizure. Because ordinary creditors cannot garnish current wages, the federal 25%/30-times-minimum-wage formula in 15 U.S.C. § 1673(a) does not set the Texas ordinary-creditor amount. The protection does not depend on whether the worker supports a family.
Support and federal debts
Child support withholding is capped at 50% of disposable earnings under Tex. Fam. Code § 158.009. Spousal maintenance withholding under § 8.101 may be combined with child support only when the obligee is the child's managing conservator and the child primarily lives with that conservator; § 8.106 limits the combined withholding to 50% of disposable earnings. A combined order pays current child support first, then current maintenance, then their arrears (§ 8.101(d)). For multiple child support orders, § 158.207 directs equal amounts toward each current support obligation before arrears, within the cap.
Tex. Civ. Prac. & Rem. Code § 63.004 expressly yields to federal law. For eligible federal student loans, 20 U.S.C. § 1095a(a) permits garnishment notwithstanding state law, generally up to 15% of disposable pay without written consent. Federal tax collection may use a continuing wage levy under 26 U.S.C. § 6331(a), (e).
Employment protection
Tex. Fam. Code § 158.209 bars termination, other discipline, and refusal to hire because of a support withholding order or writ. After an intentional discharge, the employer remains liable for current wages and benefits and reasonable fees, costs, and expenses. The 2025 amendment to § 158.209(c) added expenses to the remedy, effective September 1, 2025; suits filed before then follow prior law (H.B. 2524 §§ 42, 56–57). Federal law separately bars discharge because wages were garnished for one indebtedness (15 U.S.C. § 1674).
What trips people up
The constitutional protection speaks of current wages for personal service. It should not be read as a blanket exemption for every asset or every type of income. Also, a child support order and a spousal maintenance order may share one withholding order only under § 8.101(c)'s conservatorship and residence condition.
Common questions
Can a credit card judgment reach current Texas wages? No. The constitutional bar and § 63.004 apply to current wages for personal service.
Can two child support orders each take 50%? No. Section 158.207 allocates the available withholding under § 158.009's combined 50% ceiling.
Statutes and sources
- Tex. Const. art. XVI, § 28 (current wages and two support exceptions): https://tlc.texas.gov/docs/legref/TxConst.pdf (accessed 2026-10-06).
- Tex. Civ. Prac. & Rem. Code § 63.004 (current wage discharge): https://tcss.legis.texas.gov/resources/CP/htm/CP.63.htm#63.004 (accessed 2026-10-06).
- Tex. Prop. Code § 42.001(b)(1) (current wage exemption): https://tcss.legis.texas.gov/resources/PR/htm/PR.42.htm#42.001 (accessed 2026-10-06).
- Tex. Fam. Code §§ 158.009, 158.207, 158.209 (child support cap, multiple orders, employment protection): https://tcss.legis.texas.gov/resources/FA/htm/FA.158.htm (accessed 2026-10-06).
- Tex. Fam. Code §§ 8.101, 8.106 (maintenance withholding, combined order, cap): https://tcss.legis.texas.gov/resources/FA/htm/FA.8.htm (accessed 2026-10-06).
- 15 U.S.C. §§ 1673, 1674 (federal ordinary cap and discharge rule): https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm and https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-06).
- 20 U.S.C. § 1095a(a) (eligible student loans): https://www.govinfo.gov/content/pkg/USCODE-2024-title20/html/USCODE-2024-title20-chap28-subchapIV-partG-sec1095a.htm (accessed 2026-10-06).
- 26 U.S.C. § 6331(a), (e) (tax levy): https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleF-chap64-subchapD-partII-sec6331.htm (accessed 2026-10-06).
- 2025 Tex. H.B. 2524 § 42 (amendment to § 158.209(c)): https://capitol.texas.gov/tlodocs/89R/billtext/pdf/HB02524F.pdf (accessed 2026-10-06).
Source links
Every statute quoted above, linked, with the date we checked it.
What does Texas law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Texas law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace