Wage Garnishment

Both the state and IRS frequently use wage garnishments to collect taxes owed through your employer. Once a garnishment is filed, the employer is required to collect a percentage of each paycheck. A wage garnishment requires that a large percentage of taxpayer's wages be turned over directly to the IRS or the state. The wage garnishment stays in effect until the tax is fully paid or until the IRS or the State agrees to release the garnishment.

The amount that the IRS can keep from any wage garnishment is based on your marital status and number of dependents. Basically the IRS keeps most of the money from a garnishment. The amount of your income that is exempt from an IRS wage garnishment is figured by adding the standard deduction you can claim on your taxes and the amount you can claim for exemptions, divided by 52. A family of three subject to a wage garnishment will only be allowed to keep about $325 per week.

A California tax agencies such as The Franchise Tax Board, The Employment Development Department and The State Board of Equalization can only collect up to 25% of the taxpayer's disposable wages through a wage garnishment.

A number of our clients turn to us for emergency help with a wage garnishment. Our tax attorneys understand how important a regular paycheck is to our clients and their families. We also understand how especially devastating a wage garnishment is to taxpayers with families. Upon being retained, our tax lawyers immediately contact the IRS or the state to negotiate the release of the garnishment. Of course, releasing or lowering a garnishment is only a temporary solution. Our tax attorneys follow up by developing a long-term strategy for dealing with the tax bill. Once the wage garnishment is released, we will either set up a repayment plan or submit an offer in compromise for our clients.

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