New York · wage garnishment
New York wage garnishment: 10% of gross, 25% of disposable.
For an income execution on a money judgment, New York allows the least of 10% of the money received, 25% of weekly disposable earnings, or the amount disposable earnings exceed 30 times the greater of the federal or New York minimum wage. Nothing is withheld unless weekly disposable earnings exceed that 30-times figure: $510 a week in New York City, Long Island and Westchester, $480 in the rest of the state. Source: CPLR 5231(b), read November 1, 2026.
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The short answer
For an income execution on a money judgment, New York allows the least of 10% of the money received, 25% of weekly disposable earnings, or the amount disposable earnings exceed 30 times the greater of the federal or New York minimum wage. Nothing is withheld unless weekly disposable earnings exceed that 30-times figure: $510 a week in New York City, Long Island and Westchester, $480 in the rest of the state. Source: CPLR 5231(b), read November 1, 2026.
What the statute says
CPLR 5231(b) says that where a judgment debtor is receiving or will receive money from any source, an income execution for installments of not more than ten percent of it may be issued. It then adds three conditions. First, no amount is withheld for any week unless the week's disposable earnings exceed the greater of 30 times the federal minimum hourly wage or 30 times the state minimum wage under Labor Law 652. Second, the amount withheld for a week cannot exceed 25 percent of disposable earnings, or the amount by which disposable earnings exceed that same greater-of-30-times figure, whichever is less. Third, if the earnings are also subject to support or maintenance deductions under CPLR 5241 or 5242, the amount withheld under this section cannot exceed the amount by which 25 percent of disposable earnings exceeds the support deduction.
Subdivision (b)(iv) adds: "no amount shall be imposed in judgments arising from a medical debt action brought by a hospital licensed under article twenty-eight of the public health law or a health care professional authorized under title eight of the education law." The wording says "imposed", so confirm with a court clerk or legal aid how it is applied to wages in your case. Subdivision (c) defines disposable earnings as earnings after amounts required by law to be withheld.
New York's Department of Labor lists the minimum wage as $17.00 an hour in New York City, Long Island and Westchester County and $16.00 an hour in the rest of the state, and states that the rates will stay the same on January 1, 2027. Choose your region below.
How this calculator applies it
The statute says "ten percent thereof" for the money the debtor receives. This page applies the 10% to gross pay for the period, which is the plain reading when the money is wages. If your employer or court applies it differently, follow the order you were served.
Worked example
Gross pay $1,000.00 weekly, required deductions $200.00, rest of New York State, weekly pay: disposable earnings $800.00. NY rule allows $100.00, the federal cap allows $200.00, so the most that can be garnished is $100.00 and $700.00 stays in the paycheck.
More examples (same engine as the calculator)
| Case | Pay | Disposable | NY rule | Federal cap | Most garnishable |
|---|---|---|---|---|---|
| rest of New York State, weekly pay | $1,000.00 gross, $200.00 deductions, weekly | $800.00 | $100.00 | $200.00 | $100.00 |
| New York City, weekly pay | $1,000.00 gross, $200.00 deductions, weekly | $800.00 | $100.00 | $200.00 | $100.00 |
| low weekly pay where the minimum-wage floor binds | $600.00 gross, $100.00 deductions, weekly | $500.00 | $20.00 | $125.00 | $20.00 |
| biweekly pay, New York City | $3,000.00 gross, $700.00 deductions, every two weeks | $2,300.00 | $300.00 | $575.00 | $300.00 |
How it compares with the federal limit
Federal law (15 USC 1673(a)) caps garnishment for ordinary debts at the lesser of 25% of weekly disposable earnings or the amount by which they exceed 30 times the federal minimum wage of $7.25, which protects $217.50 a week. A state may protect more, never less. When both apply, the lower amount controls, and the calculator shows both. See the federal wage garnishment limit calculator for support orders and for Texas, Pennsylvania and South Carolina, or the state comparison table.
What this page does not cover
Child support and maintenance (CPLR 5241, 5242), tax levies, federal student loans, bankruptcy orders, and whether the medical-debt provision in 5231(b)(iv) applies to your judgment. Tax levies, defaulted federal student loans and bankruptcy orders follow their own rules. Court costs, exemptions you must claim yourself, and the procedure for objecting are decided by the court that issued the judgment.
Frequently asked questions
What is the maximum wage garnishment in New York?
The least of 10% of gross pay, 25% of disposable earnings, or the excess of disposable earnings over 30 times the greater of the federal or New York minimum wage (CPLR 5231(b)).
How much of my weekly pay is protected in New York?
30 x $17.00 = $510 in New York City, Long Island and Westchester; 30 x $16.00 = $480 in the rest of the state, using the rates the Department of Labor lists.
Is the 10% on gross or on take-home pay?
The statute says installments of not more than ten percent of the money received. This page applies it to gross pay.
What about medical debt?
CPLR 5231(b)(iv) says no amount shall be imposed in judgments arising from a medical debt action brought by a licensed hospital or a health care professional. Confirm with the court how it applies to your wages.
What if I also pay child support?
The income execution cannot exceed the amount by which 25% of disposable earnings exceeds the support or maintenance deduction (5231(b)(iii)).
Sources
Statute text and agency pages read November 1, 2026. Statutes are amended; check the current version before relying on a figure.
- N.Y. CPLR 5231, Income execution (2026 text via NewYork.Public.Law): The 10%, 25% and 30-times-minimum-wage limits, the support interaction and the medical debt clause. The Senate site blocked automated access on the read date, so this mirror was used.
- New York State Department of Labor: Minimum wage: $17.00 and $16.00 hourly rates and the statement that 2027 rates stay the same.
- 15 USC 1673 (Cornell LII): The federal 25% / 30-times-minimum-wage cap and the support-order percentages.
- 29 CFR 870.10 (Cornell LII): How the weekly formula converts to longer pay periods.
Not legal advice
This page is general information, not legal or financial advice. A garnishment order, your facts and later law changes can differ from the formulas shown. Confirm with the court, a legal aid office or a lawyer before you act. Everything runs in your browser; nothing you enter is sent anywhere.