Montana Wage Garnishment Calculator
Montana adopts the federal limit and the federal definitions of earnings and disposable earnings.
Montana borrows federal definitions
the maximum part of the aggregate disposable earnings of a judgment debtor for any workweek that is subjected to garnishment may not exceed the lesser of: (a) the amount by which the debtor’s disposable earnings for the week exceed 30 times the federal minimum hourly wage … or (b) 25% of the debtor’s disposable earnings for that week.
A Billings semimonthly paycheck
A Billings worker paid $1,750.00 twice a month with $230.00 withheld has $1,520.00 disposable under the federal definition Montana adopts. One quarter, $380.00, is the most a judgment creditor can take; the $471.25 semimonthly floor only matters for checks under about $628.33.
Support orders and the state minimum wage
- Montana defines earnings, disposable earnings and garnishment by reference to 15 U.S.C. § 1672, so the same paycheck items count in state and federal court.§1
- Support garnishments may reach 50% or 60% of disposable earnings, rising to 55% or 65% for arrears older than 12 weeks.§1
- Montana’s $10.85 minimum wage is higher than federal, but the garnishment floor still uses $7.25.§2