Each state has different laws on certain situations and wage garnishment is no different. The bankruptcy attorneys at Skrupa Law Office, LLC in Omaha and Lincoln want you to be informed about what wage garnishment is, when your wages can begin to be garnished, and the special circumstances that exist for Nebraska. Read below to find out more.
Wage Garnishment is…
An order from the court sent to your employer to withhold a certain amount of money from your paycheck to pay to your creditor. However, there is a limit to how much they can take.
In Nebraska a Creditor Can Begin Wage Garnishment When…
They sue and receive a court judgment saying that you owe them money. However, there are always exceptions to the rule. If you do the following, the creditor does not need a court document.
- Defaulted student loans
- Behind on child support
- Or unpaid income taxes
Special Circumstances
Child support, student loans, or taxes can be taken out from your wages without a court order and the amounts garnished from these categories are different amounts.
After 1988 all court ordered child support automatically comes with a withholding order if the individual is behind on payments. In this situation up to 50% of your disposable earnings can be garnished and 60% if you are not supporting another individual.
For student loans that are in default the most the Department of Education can take is 10% of your disposable income, but not more than 30 times the minimum wage.
If you have unpaid income taxes, the amount that can be garnished depends on the number of dependents and how much you owe. The IRS typically can garnish up to 15%. States may also garnish your wages for unpaid state and local taxes. Talk to Skrupa Law to find out how much could be garnished from your earnings.
Nebraska’s Limits on Wage Garnishment
The amount that a creditor can garnish is limited. The weekly amount a creditor can garnished may not exceed the lesser of the two figures:
- 25% of your disposable income (after taxes) can be garnished in a week, or 15% if you are the head of household
- Or the amount by which your disposable income is greater than 30 times the federal minimum wage.
The same is true for those individuals that have more than one wage garnishment order against them.
Possible Job Termination
Your employer may find it easier to terminate your position rather than submit to the wage garnishments. However, Nebraska has laws put into place to protect you in this situation. If you have one wage garnishment order your employer cannot fire you. However, if you have more than one you cannot be protected.
Contact Skrupa Law Today at (402) 512-6094 in Omaha and (402) 464-3311 in Lincoln
Are you being threaten with wage garnishment? Don’t let it happen to you. Contact Skrupa Law today for your options and guidance through this tough time. For more information our Omaha office number is (402) 512-6094 or the Lincoln office is (402) 464-3311.