Child Support Wage Garnishment: Federal Limits and Your 401(k)

Federal law caps child support wage garnishment at 50% to 65% of your disposable earnings. Your cap depends on two facts: whether you support another spouse or child, and whether you owe support that is more than 12 weeks overdue. Your support order and withholding notice set the amount taken each payday. The cap is the most that can be taken.

Have a 401(k) or pension at work? A second federal law, the Employee Retirement Income Security Act (ERISA), controls when money in most private-sector plans can go toward child support. This guide covers both and links to the law itself. State law and your court order control many details, so treat this as a starting point.

How much of my paycheck can be taken for child support?

The limits come from the Consumer Credit Protection Act at 15 U.S.C. § 1673(b). They cover all support taken from your pay in a workweek, combined. The 25% cap that shields you from ordinary creditors does not apply to child support.

“Another spouse or child” means one who is not covered by the order being enforced. The extra 5 points can only go toward support that is more than 12 weeks overdue. The U.S. Department of Labor explains these limits in its wage garnishment fact sheet.

What counts as disposable earnings?

Disposable earnings are what is left of your pay after deductions the law requires. Those include federal, state and local taxes, Social Security and Medicare taxes, and any retirement contributions the law requires.

Voluntary deductions usually are not subtracted. Your own 401(k) contributions, health and life insurance premiums, and union dues generally do not lower your disposable earnings. Earnings include wages, salary, commissions, bonuses and pension payments.

Your state may set a lower limit

Federal law sets a ceiling, not a target. If your state’s law protects more of your pay, the law that takes less from you applies. That rule comes from 15 U.S.C. § 1677.

So check your state’s rules, too. In Nevada, start with our overview of divorced fathers’ legal rights under the NRS.

How does child support withholding work?

Paycheck withholding is the default. Federal law at 42 U.S.C. § 666 requires states to build immediate income withholding into child support orders. The exceptions: a court or agency finds good cause not to, or both parents sign a written agreement for another way to pay.

Even with an exception, withholding can start later. It kicks in if you fall behind by an amount equal to one month of support, or if you ask for it.

Anyone who sends your employer a child support withholding order must use the federal Income Withholding for Support form. Your employer must then send the money to your state’s disbursement unit within 7 business days of payday.

Withholding can reach more than wages. Federal law counts commissions, bonuses, workers’ compensation, disability, pension payments and interest as income.

Wondering what happens to the money after it leaves your check? Read what the law allows when child support is misused.

Child support gets paid first

Federal law requires states to put child support withholding ahead of any other state legal process against the same pay. The federal Office of Child Support Services tells employers to honor a child support order before other garnishments. The one exception it names is an IRS tax levy that came before the underlying support order.

Changing jobs will not stop it

Your new employer must report you to the state’s new-hire directory, generally within 20 days. Within two business days after your information is entered, the agency enforcing your order must send the employer a withholding notice. This does not apply if your order is exempt from withholding (42 U.S.C. § 653a).

Can my employer fire me over child support withholding?

Federal law gives you two layers of protection. First, the Consumer Credit Protection Act bars your employer from firing you because your pay is garnished for any one debt. That rule is in 15 U.S.C. § 1674.

Second, federal child support law requires states to fine employers who act against you because of a child support withholding order. That includes firing you, refusing to hire you or disciplining you. That rule is in 42 U.S.C. § 666(b)(6)(D).

The federal firing ban covers garnishment for one debt. Federal law lets states protect workers who have more than one garnishment, so check your state’s law (15 U.S.C. § 1677).

Can child support reach my 401(k) or pension?

Yes, through a special order called a QDRO. Most private-sector retirement plans, including 401(k)s and pensions, are covered by ERISA. ERISA bars plan benefits from being assigned or handed to someone else. That rule is in 29 U.S.C. § 1056(d).

A qualified domestic relations order, or QDRO, is the exception. It can give some or all of your plan benefits to a spouse, former spouse, child or other dependent. It can cover child support, alimony or a split of marital property. The tax code uses the same definition at 26 U.S.C. § 414(p).

ERISA does not cover plans set up by government employers or churches. If you work for one, ask your plan how it handles court orders.

How a QDRO works

• A state court issues it, or a state agency that has that power under state domestic relations law.
• Your plan administrator decides whether the order meets ERISA’s rules to be “qualified.” Every plan must have written procedures for this.
• The order must clearly list each person’s name and mailing address and each plan it covers. It must also state the amount or percentage to be paid and the number of payments or time period.
• It cannot make a plan pay a type of benefit the plan does not offer, or increase the total value of the benefits.
• It can be part of your divorce decree or a separate order. A one-line award such as “she gets half the 401(k)” may lack the details the law requires.
• A later order can revise an earlier QDRO and still qualify.

Ask your plan for its written QDRO procedures early. Plans may offer a model QDRO form, but they cannot reject an order just because it does not use that form. A 401(k)-type plan may charge reasonable review costs to your account. The Labor Department’s QDRO guide has the full rules.

What about my children’s health insurance?

If your order requires health coverage, your state child support agency can send your employer a National Medical Support Notice. The Child Support Performance and Incentive Act of 1998 required this standard federal form.

Your employer must send the notice to its health plan within 20 business days. The plan cannot make your children wait for open enrollment. Your employer then withholds your share of the premium.

If federal or state withholding limits prevent your employer from withholding your premium share, the plan does not have to provide the coverage. The Labor Department explains these rules in its medical child support guide.

If your job ends, your employer must promptly tell the agency that sent the notice. If the employer had 20 or more employees, your covered children generally can elect COBRA continuation coverage. COBRA can cost up to 102% of the plan’s cost.

Read your order as well. It may require you to report a job change yourself.

How the premium affects your support amount depends on your state. Federal rules require each state’s guidelines to address how parents will cover a child’s health care. That can be through insurance or cash medical support (45 CFR 302.56).

Can they take my tax refund or passport?

Tax refunds

Yes. 42 U.S.C. § 664 lets the U.S. Treasury take your federal tax refund to pay past-due support. The Treasury’s Bureau of the Fiscal Service runs the offset, according to the IRS. The money goes to your state child support agency, not straight to the other parent.

Your state can refer you once past-due support reaches $150, if that support is owed to the state. Support is owed to the state when, for example, the family received TANF cash assistance. In other cases, the threshold is $500. Those thresholds are in 45 CFR 303.72.

State refunds are at risk too. Federal law requires states to have a way to take state income tax refunds for overdue support (42 U.S.C. § 666(a)(3)).

Remarried and filing jointly? Your spouse can file IRS Form 8379 to get back their share of the refund. The test is whether your spouse is legally responsible for the debt, not whether the debt started before you married.

Passports and licenses

If your state certifies that you owe more than $2,500 in child support, the State Department must refuse to issue you a passport. It may also revoke, restrict or limit a passport you already have. That rule is in 42 U.S.C. § 652(k).

License suspension is a separate tool, not part of the passport program. Federal law requires states to have the power to withhold, suspend or restrict licenses for overdue support. That covers driver’s, professional, occupational and recreational licenses (42 U.S.C. § 666(a)(16)).

What if I can’t afford my child support order?

Do not just pay less. Under federal law, each support payment becomes a legal judgment on the day it is due. It cannot be changed retroactively (42 U.S.C. § 666(a)(9)).

A change can reach back, at most, to the date the other parent got notice of your request. Every week you wait is another week owed at the old amount. Here is what to do:

1. Gather proof of the change, such as a layoff notice, pay stubs or medical records.
2. File for a modification right away with the court or agency that handles your order. Make sure the other parent gets formal notice.
3. If your state child support agency handles your case, ask it to review your order. Federal law gives you that right every three years, or sooner after a substantial change in circumstances.
4. Keep paying what you can. Every payment lowers what you owe.
5. Ask your state child support agency what options it offers for past-due support.

If your parenting time is changing too, read how custody order modifications work. For the bigger picture, see our report on federal child support policy changes in 2025 and 2026.

Support is only half the picture. To see how your state approaches parenting time, check our 50-state custody law tracker.

Frequently asked questions

Can child support take more than half of my paycheck?

It can. If you do not support another spouse or child, federal law allows up to 60% of your disposable earnings, or 65% toward support more than 12 weeks overdue. If you do support another family, the caps are 50% and 55%. Your state may set lower limits.

Can my employer fire me because of child support garnishment?

Federal law bars your employer from firing you because your pay is garnished for any one debt. Federal law also requires states to fine employers who fire you, refuse to hire you, or discipline you because of a child support withholding order. Your state’s law may give you more protection.

Can child support be taken from my 401(k)?

Money inside an ERISA-covered plan, such as most private-sector 401(k)s, is protected from most claims. The main exception for family support is a qualified domestic relations order, or QDRO, which can cover child support. A court or authorized state agency issues it, and the plan administrator decides whether it qualifies.

Does changing jobs stop child support wage garnishment?

No. Your new employer must report you to the state’s new-hire directory, generally within 20 days. Within two business days after your information is entered, the agency enforcing your order must send the employer a withholding notice. The only exception is an order that is exempt from withholding.

Can child support take my federal tax refund?

Yes. Your state can refer you for federal refund offset once past-due support reaches $500, or $150 if the support is owed to the state. The Treasury sends the money to your state child support agency. If you remarried and file jointly, your spouse can use IRS Form 8379 to claim their share.

Sources

We checked each rule in this article against federal law or official agency guidance on October 6, 2026. The links go to the official text so you can read the rules yourself.

• Garnishment limits for support: 15 U.S.C. § 1673; definitions of earnings and disposable earnings: 15 U.S.C. § 1672
• Firing protection: 15 U.S.C. § 1674; effect on state laws: 15 U.S.C. § 1677
• U.S. Department of Labor, Fact Sheet #30: Wage Garnishment Protections of the Consumer Credit Protection Act
• Income withholding, priority, employer fines, judgments, order review, tax refund and license rules: 42 U.S.C. § 666
• New-hire reporting: 42 U.S.C. § 653a
• Federal tax refund offset: 42 U.S.C. § 664 and 45 CFR 303.72; IRS, Topic 203, Reduced refund; IRS, Instructions for Form 8379
• Passport denial: 42 U.S.C. § 652(k)
• ERISA anti-alienation rule and QDROs: 29 U.S.C. § 1056(d) and 26 U.S.C. § 414(p)
• U.S. Department of Labor, Employee Benefits Security Administration, QDROs: The Division of Retirement Benefits Through Qualified Domestic Relations Orders
• U.S. Department of Labor, Qualified Medical Child Support Orders (PDF); COBRA continuation coverage; ERISA overview
• HHS Office of Child Support Services, Income Withholding for Support: employer responsibilities
• Child support guidelines and health care: 45 CFR 302.56

This article is general information, not legal or financial advice. Federal law sets outer limits; your state’s law and your court order control many details. Talk to a licensed family law attorney in your state about your situation.