- Only your disposable income may be garnished, according to federal and South Carolina law. Disposable earnings are the amount left after required deductions. Deductions may include taxes, Social Security, unemployment insurance and state retirement funds. Health and life insurance are not considered required deductions.
- Section 37-5-104 under Title 37 of the South Carolina Consumer Protection Code states that your wages cannot be garnished for consumer credit sales, leases, loans or rental agreements. This does not absolve you of the debt or prevent creditors from using other means to collect payment, but it does protect your wages from garnishment. The law does not protect you from wage garnishment due to alimony, child support, unpaid taxes, student loans or federal debt.
- In South Carolina, the amount that can be legally garnished is limited to the lesser of two amounts: either 25 percent of your disposable income or the amount that your disposable income is greater than 30 times the federal minimum wage. Federal, tax, child support, alimony and bankruptcy debts may qualify for greater withholding. Child support orders may garnish 50 to 60 percent of your disposable income. If you are more than 12 weeks behind in payments, an additional 5 percent may be garnished.
- Wages are defined to include salaries, hourly wages, commissions, bonus checks and some retirement or pension payments. Social Security benefits are protected from garnishment unless the amount owed is for child support, alimony, back taxes or other federal debt. The Internal Revenue Service (IRS) may garnish up to 15 percent of your monthly Social Security check for back taxes.
- South Carolina law prevents you from being fired or penalized due to wage garnishment attempts or orders. While federal laws offer the same protection, your employee rights may not be protected if you have multiple garnishments.
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