Eric Pemper Founder, CuraDebt · Est. 2001
New York Wage Garnishment (Income Execution) Calculator
Estimate a New York income execution
New York compares two limits and uses the smaller one, then applies a minimum-wage floor. Enter your numbers. Nothing is stored.
New York Wage Garnishment Disposable-Earnings Worksheet
Start with gross pay for one paycheck, then enter deductions required by law. The worksheet calculates a disposable-earnings estimate and can place it into the calculator above. Nothing entered here is stored.
Do not subtract a voluntary deduction unless the applicable rule treats it as required. Existing child-support orders or other priority withholdings may change what remains available for another order.
A New York Disposable-Earnings Example
Assume gross pay of 1,450.00 for one paycheck, with 130.50 in federal withholding, 110.93 in Social Security and Medicare, 36.25 in state or local withholding, and 0.00 in another legally required deduction. The worksheet produces disposable earnings of 1,172.32. Entering that number into the New York calculator lets the page apply the rule described above. Voluntary deductions are not automatically subtracted.
How To Read A New York Wage-Garnishment Estimate
The New York rule used on this page: In New York, wage garnishment is called an income execution. A creditor can take the lesser of 10% of your gross wages or 25% of your disposable earnings, and only the part of your disposable pay above 30 times the minimum wage. If your disposable pay is at or below that floor, nothing can be taken. Because New York's minimum wage is higher than the federal rate, the protected floor is larger here than in most states.
This rule is for the ordinary consumer-debt situation described on the page. Start with disposable earnings for the correct pay period, then confirm that the order is for the same debt type. A weekly limit cannot be copied directly to biweekly, semimonthly, or monthly pay without converting the protected amount for that pay period.
| Question | What To Confirm |
|---|---|
| Which Debt? | Whether this is ordinary consumer debt or a separate category such as support, taxes, or a federal student loan. |
| Which Pay Period? | Weekly, biweekly, twice-monthly, and monthly payrolls require the matching New York calculation. |
| Which Earnings? | Use pay after deductions required by law, not the final take-home amount after every voluntary deduction. |
| Which Order? | Check the creditor, court, case number, balance, priority, and any earlier withholding already on the pay stub. |
Does The New York Limit Follow Wages Into A Bank Account?
Not automatically. Wage garnishment directs an employer to withhold earnings, while a bank levy or account garnishment reaches money after deposit. The procedure and exemptions can be different, so this wage estimate should not be used to predict a bank-account result.
What If The Employer Or Creditor Is In Another State?
Interstate payroll and judgment enforcement can raise additional questions about which court issued the order and which protection applies. Check the employer notice, issuing court, work location, and residence before relying on a single-state estimate.
Documents That Make The New York Estimate More Useful
- The garnishment summons, order, or employer notice showing the court and debt type.
- A recent pay stub that separates gross earnings, legally required deductions, and voluntary deductions.
- Information about child support or another priority order already being withheld.
- Any exemption form, objection instructions, hearing notice, and response deadline supplied with the papers.
Federal Reference: U.S. Department Of Labor Garnishment Guidance
The two tests New York runs, and the floor underneath them
New York's income execution rule, set by CPLR Section 5231, is stricter for the wage earner than the plain federal rule, because it adds a 10% of gross income ceiling on top of the federal 25% of disposable test and uses whichever produces the smaller amount. Underneath both sits a floor: no garnishment can touch the part of your disposable earnings at or below 30 times the higher of the state or federal minimum wage. New York's minimum wage in 2026 is $17.00 an hour downstate (New York City, Long Island, and Westchester) and $16.00 upstate, so the weekly floor is about $510 downstate and $480 upstate.
How an income execution actually unfolds in New York
A creditor with a judgment first delivers the income execution to a marshal or sheriff, who serves it on you and gives 20 days to start paying voluntarily. Only if you do not is the execution served on your employer, who then withholds under the limits above. Understanding that sequence matters, because the earliest stage is the cheapest time to respond, before money starts leaving your check.
Reducing or stopping a New York garnishment
Depending on your circumstances, you may be able to ask the court to modify the income execution, claim exemptions for protected income like Social Security, negotiate a settlement to release it, or address the underlying debt through a broader relief program. There is no cost to check available options, and there is no obligation to continue. CuraDebt is not a law firm and does not provide legal or tax advice. Results vary and are not guaranteed.
Frequently Asked Questions
How much can a creditor garnish in New York?
The lesser of 10% of your gross wages or 25% of your disposable earnings, and only the disposable pay above 30 times the minimum wage. If your disposable pay is below that floor, the amount is zero.
Why does New York use 10% of gross?
CPLR 5231 caps an ordinary income execution at 10% of gross income, which for many workers is less than the federal 25% of disposable figure. New York uses whichever is smaller, which tends to protect more of your pay.
What is the minimum-wage floor in New York?
No garnishment can reach the part of your disposable earnings at or below 30 times the higher of the state or federal minimum wage. With New York's 2026 minimum wage of $17 downstate and $16 upstate, that floor is roughly $510 and $480 per week.
Can I stop a New York income execution?
Sometimes. You may be able to move to modify it, claim exemptions, settle the debt to release the garnishment, or resolve the balance another way. Because it moves through a marshal or sheriff first, acting early gives you the most room.
Does CuraDebt calculate garnishment or give legal advice in New York, and is it a law firm?
There is no cost to check available options, and there is no obligation to continue. CuraDebt is not a law firm and does not provide legal or tax advice. Results vary and are not guaranteed.
Related Resources
- National wage garnishment calculator
- Debt statute of limitations calculator
- Debt settlement savings estimator
- All debt and tax calculators
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