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New York Wage Garnishment Priority Calculator — 2026

By Shyraz Habib, Financial Calculator Editor Last updated: August 5, 2026 · Rates verified for 2026
Source: New York CPLR Article 52 — Income Executions; CPLR § 5241 (child support); CPLR § 5252 (anti-retaliation); NY State Legislature, 2026
Last verified: August 2026 — reflects January 1, 2026 minimum wage rates ($17.00/hr NYC & Long Island/Westchester; $16.00/hr rest of NY)
Official Source — NY CPLR Article 52

Enter your income and garnishment details. See exactly how much goes to each creditor in priority order.

$
Your total income before any deductions
How often you receive your paycheck
$
Gross pay minus legally required deductions: federal & state taxes, Social Security, Medicare, state unemployment insurance only
Determines your 30× minimum wage protection threshold (2026 rates)
Existing Garnishment Orders Add any current garnishments already affecting your paycheck
Priority 1

Child Support & Spousal Support

Not active
$
Highest priority — paid first before all other garnishments (CPLR § 5241). Cap depends on family status and arrears.
Priority 2

Federal Tax Levy (IRS)

Not active
$
Amount specified in IRS levy notice
ⓘ IRS levies vary based on filing status and dependents. See IRS Publication 1494. Note: an IRS levy that predates the child support order may take priority over it.
Second priority (after child support, unless IRS levy predates the support order)
Priority 3

New York State Tax Levy

Not active
$
Up to 10% of gross wages maximum (NY Tax Law § 171-a)
ⓘ State tax levies are paid after federal levies, before student loans and consumer debt.
Third priority — paid after IRS levy, before student loans and consumer debt
Priority 4

Federal Student Loan

Not active
$
15% of disposable income maximum (34 CFR § 34.22). The 30× threshold does NOT protect against student loan garnishment.
ⓘ Student loan garnishment has Priority 4 — after tax levies, before consumer debt. The 30× minimum wage protection does not apply.
Fourth priority — paid after tax levies, before consumer debt judgments
Priority 5

Consumer Debt (Credit Cards, Medical, Personal Loans)

Not active
$
Below 30× threshold: $0. Between 30× and 40× threshold: excess over floor only. Above 40×: lesser of 10% gross or 25% disposable (CPLR § 5231)
ⓘ Consumer debt is the lowest priority. Only paid if higher priority debts are satisfied. Uses three-tier calculation based on your disposable income level.
Lowest priority — only paid after all higher priority obligations are satisfied
This calculator provides an informational estimate based on the published rules and rates for New York State as of August 2026, using the January 1, 2026 minimum wage rates ($17.00/hr for NYC, Long Island, and Westchester; $16.00/hr for the rest of the state). It does not constitute tax, legal, or financial advice. Individual circumstances may produce different results. Consult a qualified professional licensed in your jurisdiction for decisions involving wage garnishment, payroll processing, or financial planning.

New York Wage Garnishment Limits — At a Glance

See exactly how much can be garnished at different income levels. All numbers reflect the correct 2026 minimum wage rates ($17.00/hr NYC & Long Island/Westchester; $16.00/hr rest of NY).

Consumer Debt Garnishment — Three-Tier Structure (CPLR § 5231, 2026)

Weekly Gross Weekly Disposable
(est.)		 10% of Gross 25% of Disposable Maximum Garnishment Protection Status
(NYC/LI threshold $510)
$400 $340 $40.00 $85.00 $0.00 ✅ Fully Protected (below $510)
$500 $425 $50.00 $106.25 $0.00 ✅ Fully Protected (below $510)
$550 $467 $55.00 $116.75 $0.00 ✅ Fully Protected (below $510)
$620 $527 $62.00 $131.75 $17.00 ⚠️ Partial: excess over $510 = $17 (capped at $62 gross)
$700 $595 $70.00 $148.75 $70.00 ⚠️ Partial: excess over $510 = $85, capped at $70 (10% gross)
$800 $680 $80.00 $170.00 $80.00 ❌ Not Protected (at/above $680 = 40×$17)
$1,000 $850 $100.00 $212.50 $100.00 ❌ Not Protected
$1,200 $1,020 $120.00 $255.00 $120.00 ❌ Not Protected
$1,500 $1,275 $150.00 $318.75 $150.00 ❌ Not Protected
$2,000 $1,700 $200.00 $425.00 $200.00 ❌ Not Protected
Three-Tier Rule (CPLR § 5231, 2026 NYC/Long Island/Westchester — $17.00/hr):
(a) Weekly disposable ≤ $510 (30 × $17): $0 garnishment — fully protected.
(b) Weekly disposable between $510 and $680 (30× to 40× minimum wage): garnishment = excess over $510, capped at 10% of gross.
(c) Weekly disposable ≥ $680 (40 × $17 or more): garnishment = lesser of 10% gross OR 25% disposable.
Rest of NY ($16.00/hr): Tier (a) ≤ $480; Tier (b) $480–$640; Tier (c) ≥ $640.

NY Wage Garnishment Priority Order — Side by Side

Priority Debt Type Maximum Calculation Base Statutory Authority
1 Child Support — current, supporting another family 50% of disposable Disposable Income CPLR § 5241
1 Child Support — arrears >12 wks, supporting another family 55% of disposable Disposable Income CPLR § 5241
1 Child Support — current, no other family 60% of disposable Disposable Income CPLR § 5241
1 Child Support — arrears >12 wks, no other family 65% of disposable Disposable Income CPLR § 5241
2 Federal Tax Levy (IRS) Variable (IRS tables) Disposable Income IRS Publication 1494
3 NY State Tax Levy Up to 10% of gross Gross Income NY Tax Law § 171-a
4 Federal Student Loan 15% of disposable Disposable Income 34 CFR § 34.22
5 Consumer Debt 3-tier (see table above) Gross or Disposable CPLR § 5231
6 All Other Creditors First-in-time rule Varies Common Law
Key Rule: Higher priority debts are ALWAYS paid first. If disposable income is exhausted, lower priority debts receive $0.
Note: An IRS levy that predates a child support order may take priority over that support order.

2026 New York Minimum Wage — 30× and 40× Weekly Thresholds (Effective January 1, 2026)

Region Min. Wage (hourly) 30× Threshold (fully protected) 40× Threshold (full garnishment applies)
NYC, Long Island & Westchester County $17.00 $510.00/week $680.00/week
Rest of New York State $16.00 $480.00/week $640.00/week
How the three tiers work: Below 30× threshold → $0 consumer debt garnishment. Between 30× and 40× → only the excess over the 30× floor (up to 10% gross cap). At or above 40× → lesser of 10% gross or 25% disposable.
Source: NY Department of Labor effective January 1, 2026. These are the final scheduled increases under the 2023 agreement; starting 2027, rates adjust annually by CPI-W.

Real-World Multi-Garnishment Scenarios (2026 Rates)

Scenario Gross Disposable Garnishments Total Withheld Take-Home
Consumer Debt Only $1,200 $1,020 Consumer: $120 $120 $900
Partial Protection (30×–40× Band) $620 $527 Consumer: $17 (excess over $510) $17 $510
Child Support + Consumer $1,500 $1,250 Support: $115
Consumer: $150		 $265 $985
Support + Tax + Consumer $2,000 $1,600 Support: $800
Fed Tax: $400
Consumer: $0		 $1,200 $400
Support + Tax + Student Loan $1,800 $1,400 Support: $300
State Tax: $180
Student: $210		 $690 $710
Fully Protected — No Garnishment $580 $493 Consumer: $0 (below $510 threshold) $0 $493
Note: All scenarios assume NYC/Long Island/Westchester region ($17.00/hr, $510 floor, $680 full-garnishment threshold, 2026).
Consumer debt uses the three-tier structure. Higher priority debts always paid first. Consumer debt may receive $0 if disposable is exhausted by higher priority debts.

Not sure about your numbers? Use the calculator above to get your exact garnishment amount based on your specific income and garnishment orders.

Jump to Calculator →

New York Wage Garnishment Priority Order: Who Gets Paid First

When multiple garnishments hit your paycheck, New York law dictates who gets paid first. Child support has the highest statutory priority — it outranks any other assignment, levy, or process. Among ordinary consumer-debt executions, however, priority is generally first-in-time under CPLR § 5234(b): executions are satisfied in the order they are delivered to the enforcement officer. Federal tax levies and federal student-loan garnishments follow their own federal rules. This page shows the practical priority order that applies in most situations.

New York Wage Garnishment Priority Flowchart 2026 — Child Support (CPLR § 5241) → Federal Tax → State Tax → Student Loan → Consumer Debt

Figure 1: New York wage garnishment priority order (2026). Higher priority debts must be paid first. Consumer debt uses a three-tier calculation.

Priority Level 1: Child Support & Spousal Support (CPLR § 5241)

Child support and spousal support have the highest priority in New York under CPLR § 5241. No other garnishment can be paid until child support obligations are satisfied. The maximum percentage depends on two factors: whether you are currently supporting another family, and whether arrears are more than 12 weeks past due.

New York's child support agency, the Child Support Enforcement Division (DCSS), publishes the withholding worksheet employers use to calculate child-support income executions. The dedicated NY child support income withholding calculator that applies these percentage limits automatically is available in the Related Calculators section below.

Important note on IRS levies: Child support is normally Priority 1. However, if an IRS federal tax levy was issued before the child support order was established, that IRS levy retains its priority over the support order.

Priority Level 2: Federal Tax Levies (IRS)

IRS tax levies are the second priority (after child support in most cases). The amount of an IRS levy varies based on your filing status, number of dependents, and the amount you owe. The IRS provides specific tables in Publication 1494 that determine exactly how much can be levied.

Priority Level 3: New York State Tax Levies

New York State tax levies come after federal levies. Under NY Tax Law § 171-a, state tax levies are capped at 10% of gross wages.

Priority Level 4: Federal Student Loans

Federal student loan garnishment comes after tax levies but before consumer debt. Under 34 CFR § 34.22, the maximum garnishment is 15% of disposable income. The 30× minimum wage protection that applies to consumer debt does not apply to student loans.

Priority Level 5: Consumer Debt Judgments (CPLR § 5231) — Three-Tier Calculation

Consumer debt — including credit cards, medical bills, personal loans, and other civil judgments — is the lowest priority. CPLR § 5231 applies a three-tier calculation based on where your weekly disposable income falls relative to the minimum wage thresholds:

Critical rule: The calculator applies all three tiers. Many low-to-middle income workers fall in the 30×–40× band (Tier b) and are subject to partial — not full — garnishment. Skipping this tier overstates the garnishment amount.

Priority Among Multiple Creditors (CPLR § 5234(b))

Child support executions have a statutory super-priority: under CPLR § 5234(b), an execution for child support takes priority over "any other assignment, levy, or process" no matter when it was delivered. Where more than one past-due child support order exists, proceeds are split in proportion to each order's share of the combined debt.

For two or more ordinary consumer-debt executions delivered to the same enforcement officer, the rule is first in time, first satisfied — not a fixed ranking by debt type. This is why the priority ladder above (child support → federal levy → state levy → student loans → consumer debt) is the practical order for the most common combinations, but a creditor who delivers an execution first may have its claim satisfied before a later one.

IRS wage levies (26 USC § 6331) and federal student-loan administrative garnishments (34 CFR § 34.22) are not NY income executions — they are federal processes with their own priority relative to state collection tools.

Related: see the New York garnishment & withholding calculators hub for all NY income-execution tools, including the child-support income-withholding tool discussed above.

Key Takeaway: The Priority Waterfall

Think of garnishment priority like a waterfall. Child support is at the top — it takes what it needs. Then the water flows down to the next priority level. If there's nothing left when it reaches consumer debt, consumer debt gets nothing. Consumer debt also uses a three-tier calculation — workers between the 30× and 40× threshold pay only the excess over the floor, not the full 10%/25% amount.

How Much Can Your Wages Be Garnished in New York?

For consumer debt, the answer depends on which of three tiers your weekly disposable income falls into. For child support, tax levies, and student loans, different caps apply. All calculations below use the correct 2026 minimum wage rates.

The Three-Tier Consumer Debt Rule (CPLR § 5231)

New York CPLR § 5231 applies a three-step test for consumer debt:

  1. Tier (a) — Protection test: Is your weekly disposable income at or below 30 times the higher of the federal or state minimum wage? If yes → $0 garnishment.
  2. Tier (b) — Partial garnishment: Is your weekly disposable income between 30× and 40× minimum wage? If yes → garnishment equals only the excess over the 30× floor, capped at 10% of gross wages.
  3. Tier (c) — Full garnishment: Is your weekly disposable income at or above 40× minimum wage? If yes → garnishment is the lesser of 10% of gross wages OR 25% of disposable income.

Tier (b) Example: Worker in the 30×–40× Band (NYC, 2026)

  • Weekly gross: $620 | Weekly disposable: $527
  • 30× threshold: $510 | 40× threshold: $680
  • $527 is between $510 and $680 → Tier (b) applies
  • Excess over 30× floor: $527 − $510 = $17
  • 10% of gross: 0.10 × $620 = $62 → cap check: $17 < $62 → OK

Maximum consumer debt garnishment: $17/week (not $62)

The old two-tier approach would have calculated $62 — nearly 4× too high. The correct answer is $17.

Tier (c) Example: $1,200 Weekly Gross, $1,020 Weekly Disposable (NYC, 2026)

  • 40× threshold: $680 | Disposable: $1,020 > $680 → Tier (c)
  • 10% of gross: 0.10 × $1,200 = $120.00
  • 25% of disposable: 0.25 × $1,020 = $255.00
  • Lesser of $120 and $255 = $120.00

Maximum consumer debt garnishment: $120/week

Disposable Earnings vs. Gross Wages — The Critical Distinction

Under CPLR § 5231(c)(ii), disposable earnings means the amount remaining after deducting only amounts required by law to be withheld. The statute explicitly states that deductions for union dues, insurance plans, and similar voluntary deductions do NOT reduce disposable income.

For a step-by-step walkthrough of the disposable-earnings formula and how it interacts with state garnishment caps, see our guide to the disposable earnings calculation for wage garnishment.

✅ Reduces Disposable Income (Required by Law) ❌ Does NOT Reduce Disposable Income (Voluntary)
Federal income tax withholding Health/dental/vision insurance premiums
State income tax withholding 401(k) or 403(b) contributions
Social Security (FICA) tax Union dues
Medicare tax Charitable contributions (e.g., United Way)
Employee portion of state unemployment insurance Voluntary life/disability insurance

Important: Many people overestimate their deductions. Health insurance premiums and 401(k) contributions are voluntary deductions — they do NOT reduce your disposable income for garnishment purposes under CPLR § 5231. This means your disposable income (and potentially your garnishment) may be higher than you expect.

2026 New York Minimum Wage by Region (Effective January 1, 2026)

New York's minimum wage changed on January 1, 2026. In 2026, there are now effectively two tiers (not three): NYC, Long Island, and Westchester all share the same rate.

Region Min. Wage (2026) 30× Threshold (Tier a/b boundary) 40× Threshold (Tier b/c boundary)
NYC, Long Island & Westchester County $17.00/hr $510.00/week $680.00/week
Rest of New York State $16.00/hr $480.00/week $640.00/week

2026 change: In 2025, Long Island and Westchester shared the same rate as NYC ($16.50/hr). Starting January 1, 2026, NYC, Long Island (Nassau and Suffolk Counties), and Westchester County all rose to $17.00/hr. The rest of the state rose to $16.00/hr. Source: Governor Hochul's office and NY Department of Labor.

Key Takeaway: Three Tiers, Not Two

Consumer debt garnishment in New York is not simply "protected or not." There is a middle band (between 30× and 40× minimum wage) where partial garnishment applies — only the excess over the 30× floor, capped at 10% of gross. Workers earning between $510–$680/week disposable in NYC/Long Island fall in this band. The calculator handles all three tiers correctly.

Real-World Examples: How Priority and the Three-Tier Rule Work

Four scenarios showing the math step by step — including the three-tier consumer debt calculation with 2026 thresholds ($510/week for NYC and Long Island/Westchester; $480/week for the rest of NY).

Scenario 1: Consumer Debt Only — Above 40× Threshold (Tier c)

Inputs

  • Region: NYC/Long Island
  • Weekly Gross: $1,200
  • Weekly Disposable: $1,020
  • Debt: Credit Card Judgment

Step-by-Step Math

  1. Tier check: $1,020 > $680 (40×$17) → Tier (c) full garnishment
  2. 10% of gross: 0.10 × $1,200 = $120
  3. 25% of disposable: 0.25 × $1,020 = $255
  4. Lesser of: MIN($120, $255) = $120

Result

Weekly garnishment: $120

Weekly take-home: $1,020 − $120 = $900

Above 40× threshold → full lesser-of rule applies.

Scenario 2: Consumer Debt — Partial Protection (30×–40× Band, Tier b)

Inputs

  • Region: NYC/Long Island
  • Weekly Gross: $620
  • Weekly Disposable: $527
  • Debt: Credit Card Judgment
  • 30× floor: $510 | 40× ceiling: $680

Step-by-Step Math

  1. Tier check: $527 > $510 (30×$17) but < $680 (40×$17) → Tier (b)
  2. Excess over floor: $527 − $510 = $17
  3. 10% of gross (cap): 0.10 × $620 = $62
  4. Lesser of: MIN($17, $62) = $17

Result

Weekly garnishment: $17

Weekly take-home: $527 − $17 = $510

In the middle band, only the excess over $510 is garnishable — not 10% of gross ($62). This is the critical tier many calculators miss.

Scenario 3: Child Support + Consumer Debt — Priority in Action

Inputs

  • Region: NYC/Long Island
  • Weekly Gross: $1,500
  • Weekly Disposable: $1,250
  • Child Support: $115.38/wk (current, supporting another family → 50% cap)
  • Consumer Debt: $10,000 judgment

Step-by-Step Math

  1. Step 1 — Child Support (Priority 1, CPLR § 5241):
    • 50% cap (supporting another family): 0.50 × $1,250 = $625
    • Actual support: $115.38 (under cap)
    • Remaining disposable: $1,250 − $115.38 = $1,134.62
  2. Step 2 — Consumer Debt (Priority 5, CPLR § 5231):
    • Tier check: $1,250 disposable > $680 → Tier (c)
    • 10% of gross: 0.10 × $1,500 = $150
    • 25% of disposable: 0.25 × $1,250 = $312.50
    • Lesser of: MIN($150, $312.50) = $150

Result

Child Support: $115.38

Consumer Debt: $150

Total withheld: $265.38

Weekly take-home: $1,250 − $265.38 = $984.62

Child support paid first. Consumer debt uses original disposable income for the tier check and lesser-of calculation.

Scenario 4: Child Support + Federal Tax + Consumer — Lower Priority Gets Nothing

Inputs

  • Region: NYC/Long Island
  • Weekly Gross: $2,000
  • Weekly Disposable: $1,600
  • Child Support: $800/wk (no other family, arrears >12 wks → 65% cap)
  • Federal Tax Levy: $400/wk
  • Consumer Debt: $5,000 judgment

Step-by-Step Math

  1. Step 1 — Child Support (Priority 1):
    • 65% cap: 0.65 × $1,600 = $1,040
    • Actual: $800 (under cap)
    • Remaining: $1,600 − $800 = $800
  2. Step 2 — Federal Tax (Priority 2):
    • Levy: $400; Remaining: $800 − $400 = $400
  3. Step 3 — Consumer Debt (Priority 5):
    • Remaining disposable $400 < $510 threshold → Tier (a) → $0

Result

Child Support: $800

Federal Tax Levy: $400

Consumer Debt: $0 (remaining $400 < $510 threshold)

Total withheld: $1,200

Weekly take-home: $1,600 − $1,200 = $400

After child support (65% tier — no other family, arrears) and tax levy, consumer debt gets $0 because remaining disposable falls below the 30× floor.

The Lesson: Priority + Three Tiers Determine Everything

In every scenario, priority order and the correct three-tier calculation determine the outcome. Scenario 2 demonstrates that the middle band (30×–40×) produces a partial garnishment — not zero, not full. Missing this tier can overstate garnishment by hundreds of dollars per year for workers in this income range.

Are Your Wages Protected? (Exemptions & Protections)

Not all wages can be garnished. New York law provides several layers of protection, and the thresholds changed on January 1, 2026.

The 30× Minimum Wage Rule — Your First Line of Defense

If your weekly disposable income is at or below 30 times the higher of the federal or state minimum wage in your region, you are completely protected from consumer debt garnishment.

Region (2026) Min. Wage 30× Threshold (fully protected) 40× Threshold (full rule applies)
NYC, Long Island & Westchester County $17.00 $510/week $680/week
Rest of New York State $16.00 $480/week $640/week

Remember: The 30× minimum wage protection applies to consumer debt only. Child support, tax levies, and student loans are not subject to this protection.

Protected Income Sources — What Can't Be Garnished?

Important exception: While Social Security and other protected income sources are generally exempt from consumer debt garnishment, they can still be garnished for child support, federal tax levies, and federal student loans.

Anti-Retaliation Protections (CPLR § 5252)

Your employer cannot fire you, threaten you, lay you off, refuse to promote you, or discipline you because your wages are being garnished. This protection is governed by CPLR § 5252 — a dedicated statute separate from the income execution rules in § 5231.

Key Takeaway: Know Your Rights

With the 2026 minimum wage increase to $17.00/hr in NYC and Long Island/Westchester, the weekly protection threshold rises to $510 (up from $495 in 2025). Workers earning between $510 and $680/week disposable are in the partial-protection band — they owe only the excess over $510, not the full 10%/25% calculation.

How to Stop a Wage Garnishment in New York

Receiving a garnishment notice is stressful. The good news: you have options. New York law provides several paths to stop or reduce a wage garnishment.

Option 1: File for Bankruptcy — The Automatic Stay

Filing for bankruptcy triggers an automatic stay — a federal court order that stops all collection actions, including wage garnishment. This is the fastest way to stop a garnishment immediately.

Option 2: Claim Exemptions — The 30× Minimum Wage Protection

If your weekly disposable income is at or below the 30× threshold for your region ($510/week in NYC/Long Island/Westchester; $480/week elsewhere in NY for 2026), file an exemption claim with the court or sheriff who issued the income execution.

Critical deadline: Under CPLR § 5231(d), you have 20 days from the date you receive the income execution notice to claim exemptions. If you don't act within 20 days, the garnishment begins automatically.

Option 3: Negotiate with the Creditor

Many creditors will accept a lump-sum settlement (often 30–60% of the balance) or a payment plan. Get any agreement in writing before paying. Confirm the income execution will be withdrawn.

Option 4: File a Motion to Vacate the Judgment

If the creditor obtained a judgment improperly (defective service, expired statute of limitations, mistaken identity), file a motion to vacate under CPLR § 5015. Strict deadlines apply — typically one year — so consult a NY attorney immediately.

Option 5: File a Motion to Modify

Under CPLR § 5231(i) or CPLR § 5240, you can ask the court to reduce the garnishment amount due to financial hardship at any time. Courts have broad discretion to modify, limit, or suspend income executions.

Your Employer Cannot Retaliate (CPLR § 5252)

If your employer fires, demotes, disciplines, or refuses to hire you because of a garnishment, that is illegal under CPLR § 5252. Contact the NY Department of Labor or an employment attorney. Penalties are up to $500 for the first violation and $1,000 per subsequent instance.

Key Takeaway: Act Within 20 Days

The 20-day window after receiving the income execution notice is your most important deadline. Use the calculator above to verify the math. If you qualify for a protection or believe the calculation is wrong, file immediately.

New York Income Execution Process: What to Expect

Wage garnishment in New York is called an "income execution." It's a legal process with specific steps and deadlines governed by CPLR § 5231.

Step 1: Creditor Obtains a Judgment

Before any wage garnishment can begin for consumer debt, the creditor must first obtain a court judgment against you. Tax levies and student loan garnishments do not require a court judgment — those can be imposed administratively.

Step 2: Income Execution Is Issued

Once a judgment exists, the creditor asks the court clerk, sheriff, or marshal to issue an income execution — the official document ordering your employer to withhold wages under CPLR § 5231(b).

Step 3: Sheriff/Marshal Serves Notice on You (20-Day Clock Starts)

Under CPLR § 5231(d), the sheriff must serve a copy of the income execution on you within 20 days of receiving it. Your 20-day window to claim exemptions or challenge the garnishment begins on the date of service.

20-day deadline: File your exemption claim, objection, or modification motion within 20 days. After that, the sheriff may serve the income execution on your employer.

Step 4: Employer Begins Withholding

Once served, your employer is legally required to withhold wages according to the correct priority order and three-tier formula. The employer must apply priority order correctly — paying higher priority debts before lower priority ones.

Employer warning: Paying a lower priority debt before a higher priority debt makes the employer liable for the shortfall. Employers may not retaliate against employees because of a garnishment — under CPLR § 5252, violations can result in civil penalties of up to $500 (first offense) and $1,000 (subsequent offenses) plus reinstatement and back pay.

Step 5: Garnishment Continues Until Debt Is Satisfied

The garnishment continues until the full debt — including judgment, interest (9% per annum under CPLR § 5004), and fees — is paid. The creditor then sends a notice of satisfaction to the employer.

Employer Responsibilities

Employer Compliance Checklist

  • ☐ Verify the income execution is valid and properly served
  • ☐ Use the correct 2026 thresholds: $510/week (NYC/Long Island/Westchester) or $480/week (rest of NY)
  • ☐ Apply the three-tier consumer debt calculation (not just protected/not-protected)
  • ☐ Apply the priority order: child support (§ 5241) first, then IRS levy, state levy, student loans, consumer debt
  • ☐ Use the correct child support cap (50%/55%/60%/65% depending on family status and arrears under § 5241)
  • ☐ Withhold the correct amount from each paycheck
  • ☐ Send payments to the creditor within the required timeframe
  • ☐ Do NOT retaliate against the employee — prohibited under CPLR § 5252
  • ☐ Stop withholding when the debt is fully satisfied

Key Takeaway: Know the Timeline and the Correct Math

The income execution process follows a predictable sequence: judgment → execution issued → served on you (20-day clock starts) → served on employer → withholding begins. The most important deadline is the 20-day exemption window. Employers must apply the three-tier consumer debt formula and all four child support percentage tiers to stay compliant.

Why This New York Garnishment Calculator Is Different

Most wage garnishment calculators ask one question: "How much do you earn?" Then they give you a single number using a simplified two-step formula. That misses the three-tier structure in CPLR § 5231 and the four child support percentage tiers in § 5241.

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Three-Tier Consumer Debt Calculation

Most calculators skip the middle band (30×–40× minimum wage) where garnishment equals only the excess over the floor. This calculator applies all three tiers correctly, which matters for workers earning between $510–$680/week disposable in NYC/Long Island.

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All Four Child Support Tiers (§ 5241)

CPLR § 5241 has four percentage caps (50%/55%/60%/65%) based on whether you support another family and whether arrears exceed 12 weeks. This calculator implements all four tiers and correctly cites § 5241 — not § 5242.

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Multi-Garnishment Priority Stacking

Enter child support, tax levies, student loans, and consumer debt simultaneously. The calculator applies New York's priority order automatically. You see exactly who gets paid and how much — including when lower priority debts get $0.

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Correct 2026 Minimum Wage Rates

Reflects the January 1, 2026 rates: $17.00/hr for NYC, Long Island (Nassau & Suffolk Counties), and Westchester County; $16.00/hr for the rest of the state — giving thresholds of $510/week and $480/week respectively.

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Accurate Disposable Income Definition

Per CPLR § 5231(c)(ii), only legally required deductions (taxes, FICA, state unemployment insurance) reduce disposable income. Health insurance premiums and 401(k) contributions do NOT — a distinction many calculators get wrong.

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Free, Private, and Instant

No email required. No personal data stored. No tracking. Just enter your numbers and get an instant, accurate estimate based on current New York law.

Features That Matter for Accurate NY Garnishment Calculations

Feature This Calculator
NY-Specific (CPLR § 5231) calculation ✅ Yes
Three-tier consumer debt formula (30×/40× bands) ✅ Yes
All four child support percentage tiers (§ 5241) ✅ Yes
Multiple simultaneous garnishment stacking ✅ Yes
January 1, 2026 minimum wage rates ($17/$16) ✅ Yes
Correct disposable income definition (statutory deductions only) ✅ Yes
Priority visualization with real scenarios ✅ Yes
Free, no registration ✅ Yes

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Whether you're an employee trying to understand your rights or an employer ensuring compliance, this is the most accurate NY garnishment calculator that handles the three-tier consumer debt rule and all priority levels.

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New York Wage Garnishment Laws — Frequently Asked Questions

Quick answers to the most common questions about wage garnishment in New York. Updated for 2026 minimum wage rates.

The priority order in New York is:

  1. Priority 1: Child Support and Spousal Support (CPLR § 5241) — 50%–65% of disposable income depending on family status and whether arrears exceed 12 weeks
  2. Priority 2: Federal Tax Levies (IRS) — variable amount per IRS Publication 1494 tables
  3. Priority 3: New York State Tax Levies — up to 10% of gross wages (NY Tax Law § 171-a)
  4. Priority 4: Federal Student Loans — 15% of disposable income (34 CFR § 34.22)
  5. Priority 5: Consumer Debt — three-tier calculation (CPLR § 5231)
  6. Priority 6: All Other Creditors — first-in-time rule

Higher priority debts are always paid first. If disposable income is exhausted, lower priority debts receive $0. Note: an IRS levy that predates a child support order may take priority over it.

For consumer debt, there is a three-tier calculation under CPLR § 5231 (using 2026 NYC/Long Island/Westchester thresholds at $17.00/hr):

  • Disposable ≤ $510/week (30× $17.00): $0 garnishment — fully protected
  • Disposable between $510–$680/week (30× to 40×): Garnishment = excess over $510, capped at 10% of gross wages
  • Disposable ≥ $680/week (40× $17.00 or more): Garnishment = lesser of 10% of gross wages OR 25% of disposable income

For Rest of NY ($16.00/hr): tiers are ≤$480, $480–$640, and ≥$640.

Child support: 50%–65% of disposable (four tiers). Student loans: 15% of disposable. Tax levies: variable.

Under CPLR § 5231, no consumer debt garnishment is allowed if your weekly disposable income is at or below 30 times the higher of the federal or state minimum wage. In 2026 (effective January 1):

  • NYC, Long Island & Westchester County: $17.00/hr → $510/week threshold
  • Rest of New York State: $16.00/hr → $480/week threshold

Between the 30× threshold and 40× threshold ($680/week NYC/LI; $640/week rest of NY), only the excess over the 30× floor is garnishable — not the full 10%/25% formula. That only applies above the 40× threshold.

Important: This protection does NOT apply to child support, tax levies, or student loan garnishment.

Yes. When multiple garnishments exist, they are paid in priority order: child support first (CPLR § 5241), then federal tax levies, state tax levies, student loans, and finally consumer debt. Lower priority debts are only paid if disposable income remains after higher priority obligations are satisfied. Use the calculator above to see exactly how multiple garnishments stack.

Gross wages are your total earnings before any deductions — including bonuses, commissions, overtime, and tips.

Disposable income under CPLR § 5231(c)(ii) is gross pay minus only amounts required by law to be withheld:

  • Federal and state income tax
  • Social Security (FICA) tax
  • Medicare tax
  • Employee portion of state unemployment insurance

What does NOT reduce disposable income: The statute explicitly excludes deductions for union dues, insurance plans, and similar voluntary deductions. This means health insurance premiums, 401(k) contributions, union dues, and voluntary life insurance do NOT reduce your disposable income for garnishment purposes. Your disposable income may be higher than you expect.

Generally yes. Under CPLR § 5241, child support and spousal support are Priority Level 1. Federal tax levies are Priority Level 2. Child support must normally be paid in full before any tax levy is applied.

Exception: An IRS federal tax levy that was issued before the child support order was established may retain priority over the support order. In the typical case where child support exists first, it takes priority over any subsequently issued IRS levy.

Any additional garnishment will be applied to the remaining disposable income after child support is paid. Child support (Priority 1 under CPLR § 5241) is always deducted first. If child support consumes all of your disposable income, other creditors receive nothing.

No. Under NY CPLR § 5252, it is illegal for an employer to discharge, lay off, refuse to promote, discipline, or refuse to hire a person because of a wage garnishment or income execution. This applies to all types of garnishment.

Penalties for violation:

  • Civil penalty: Up to $500 for the first instance; up to $1,000 per instance for subsequent violations
  • Additional damages: Reinstatement, back pay (up to 6 weeks of lost wages), and court costs

If your employer retaliates, contact the NY Department of Labor or an employment attorney immediately.

You can stop a wage garnishment in New York through several methods:

  1. File for bankruptcy — triggers an automatic stay that stops all garnishment immediately
  2. Claim exemptions — if your weekly disposable income is at or below $510 (NYC/Long Island/Westchester) or $480 (rest of NY) in 2026, file an exemption claim within 20 days of receiving the income execution
  3. Negotiate with the creditor — offer a lump sum settlement or payment plan
  4. File a motion to vacate (CPLR § 5015) — if the judgment was improperly obtained (strict deadlines apply)
  5. File a motion to modify (CPLR § 5231(i) or § 5240) — ask the court to reduce the garnishment amount due to hardship

The following income sources are fully or partially protected from consumer debt garnishment:

  • Social Security benefits (retirement, disability, survivor benefits)
  • Supplemental Security Income (SSI)
  • Unemployment benefits
  • Workers' compensation
  • Veterans' benefits
  • Public assistance / welfare
  • Certain pension payments (government pensions)

Additionally, if your weekly disposable income is at or below $510 (NYC/Long Island/Westchester) or $480 (rest of NY) in 2026, consumer debt garnishment is $0.

Exception: Social Security and protected income can still be garnished for child support, federal tax levies, and federal student loans.

Under CPLR § 5241, the maximum child support garnishment has four tiers based on two factors: whether you currently support another family (spouse or child), and whether arrears are more than 12 weeks past due:

  • Currently supporting another family — current support: Maximum 50% of disposable income
  • Currently supporting another family — arrears >12 weeks: Maximum 55% of disposable income
  • Not supporting another family — current support: Maximum 60% of disposable income
  • Not supporting another family — arrears >12 weeks: Maximum 65% of disposable income

Child support is always Priority 1 — paid before all other garnishments.

No — if the debt is from a hospital or licensed health care professional. Under CPLR § 5231(b)(iv), judgments arising from a medical debt action brought by a hospital licensed under Article 28 of the Public Health Law or a health care professional authorized under Title 8 of the Education Law cannot be enforced by wage garnishment in New York — regardless of your income level.

Medical debt from other providers not covered by the carve-out is treated as consumer debt under CPLR § 5231 and follows the standard three-tier rule:

  • Weekly disposable at or below $510 (NYC/Long Island/Westchester) or $480 (rest of NY) in 2026 → $0 garnishment
  • Between $510–$680 (NYC/LI) or $480–$640 (rest of NY): only the excess over the floor, capped at 10% of gross
  • At or above $680 (NYC/LI) or $640 (rest of NY): lesser of 10% gross or 25% disposable

If a hospital or health care provider is garnishing your wages for medical debt, contact a New York consumer attorney immediately — this collection method is barred by law.

Under NY CPLR § 211(b), a money judgment is presumed paid and satisfied after 20 years from the date it was entered. A creditor has 20 years to enforce the judgment through wage garnishment, provided it is properly renewed and the income execution correctly served.

Note that while the judgment itself lasts 20 years, the real property lien from docketing lasts only 10 years and must be renewed under CPLR § 5014 before that period expires.

Federal student loan garnishment under 34 CFR § 34.22 has several unique features:

  • Maximum: 15% of disposable income
  • Priority Level 4: Paid after child support and tax levies, but before consumer debt
  • No 30× protection: The 30× minimum wage protection does NOT apply to federal student loan garnishment — the government can still garnish below the consumer debt floor
  • No court judgment required: Federal student loans can be garnished administratively without a court judgment

The federal Consumer Credit Protection Act (CCPA) Title III limits garnishment to the lesser of:

  • 25% of disposable income, or
  • The amount by which disposable income exceeds 30 times the federal minimum wage ($7.25/hr = $217.50/week floor)

New York's CPLR § 5231 is significantly stricter in two ways:

  • The floor uses the higher of the federal or NY state minimum wage. In 2026, NY's $17.00/hr (NYC/LI) is always higher than the federal $7.25/hr, so NY's $510 floor replaces the federal $217.50 floor. This means far more workers are protected in NY than under federal law alone.
  • NY adds a 10% gross cap. Where CCPA allows up to 25% of disposable, NY further limits consumer debt garnishment to 10% of gross wages (whichever produces the smaller number).

NY's three-tier structure (below 30×, between 30× and 40×, above 40×) is more nuanced than the federal two-step and provides materially greater protection for low-to-moderate income workers.

If your employer miscalculates your garnishment:

  • Over-withheld: The employer may be liable for the excess under CPLR § 5231 and must return the overpayment
  • Wrong priority order: An employer who pays a lower priority debt before a higher priority debt is liable to the higher priority creditor for the amount that should have been paid
  • Failure to withhold: The creditor can bring a special proceeding against the employer to collect accrued installments plus interest and attorney's fees

Use the calculator above to verify the correct amount under 2026 rules, then contact your employer or the court if the calculation appears incorrect.

Related Calculators

The natural next tool for anyone working through a New York garnishment — model a single garnishment type on its own when you only need that answer.

NY Child Support Income Withholding Calculator

Applies the official 50–65% CCPA withholding caps and disposable-income limits when child support is the only garnishment on a New York paycheck.

How This Calculator Works — Methodology

This calculator is built on the exact statutory formulas governing wage garnishment in New York, using the correct 2026 minimum wage rates effective January 1, 2026.

The Core Formulas

Consumer Debt — Three-Tier (CPLR § 5231)

Tier (a): Disposable ≤ 30×MW → $0

Tier (b): 30×MW < Disposable < 40×MW → MIN(Disposable − 30×MW, 10%×Gross)

Tier (c): Disposable ≥ 40×MW → MIN(10%×Gross, 25%×Disposable)

MW = higher of federal or NY state minimum wage. 2026: $17.00 (NYC/LI/Westchester) or $16.00 (rest of NY)

Child Support — Four Tiers (CPLR § 5241)

With other family, current: Max = 50% × Disposable

With other family, arrears >12 wks: Max = 55% × Disposable

No other family, current: Max = 60% × Disposable

No other family, arrears >12 wks: Max = 65% × Disposable

Federal Student Loan (34 CFR § 34.22)

Maximum = 15% × Disposable

30× minimum wage protection does NOT apply

NY State Tax Levy (NY Tax Law § 171-a)

Maximum = 10% × Gross

Priority Stacking Logic

  1. Step 1: Calculate child support (§ 5241) and subtract from disposable income — use the correct tier (50%/55%/60%/65%) based on user selection
  2. Step 2: Calculate federal tax levy and subtract from remaining disposable
  3. Step 3: Calculate state tax levy (cap: 10% of gross) and subtract from remaining disposable
  4. Step 4: Calculate student loan (cap: 15% of original disposable) and subtract from remaining disposable
  5. Step 5: Apply three-tier consumer debt calculation using original weekly gross and original weekly disposable for the percentage tests (tier check uses original disposable vs. the 30×/40× thresholds)
  6. Step 6: If disposable is exhausted at any step, all lower priority debts receive $0

Data Sources & Verifications (2026)

  • Primary statutes and worksheets: CPLR § 5231 (consumer-debt executions) · CPLR § 5234 (priority among executions) · IRS Publication 1494 · NY DCSS withholding worksheet
    • ✓ All formulas and rates verified for 2026 (effective January 1, 2026). Updated: August 2026.

    Limitations of This Calculator

    ⚠️ IMPORTANT LEGAL DISCLAIMER

    This calculator provides ESTIMATES based on New York CPLR § 5231, § 5241, § 5252, CCPA Title III, 34 CFR § 34.22, and other applicable laws. Results are for INFORMATIONAL PURPOSES ONLY and do NOT constitute legal advice.

    Your actual garnishment may vary based on court orders, specific circumstances, and changes in law. The calculations shown are based on the information you provide and may not reflect your actual garnishment.

    For advice about your specific situation, consult a licensed New York attorney. AKCalc is not a law firm and does not provide legal representation. This tool does not create an attorney-client relationship.

    Questions about the methodology? Contact us at shyrazhabi@gmail.com