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A.R.S. § 33-1131

Wage Garnishment Limits and Protections

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona limits how much of your paycheck creditors can garnish. In most cases, the maximum is 10% of your disposable earnings for any workweek. The cap may also be the amount exceeding 60 times the minimum wage, whichever is less. Child and spousal support orders follow different rules.

Title 33, HOMESTEADS AND EXEMPTIONS

azleg.gov

How Much Is Protected

When a judgment creditor obtains a court order and seeks to garnish your wages, Arizona law sets a ceiling. The statute defines "disposable earnings" as whatever remains after mandatory withholdings required by law. That includes taxes, Social Security, and similar deductions. Pension payments, retirement program distributions, and deferred compensation also count.

The maximum part of the disposable earnings of a debtor for any workweek that is subject to process may not exceed ten percent of disposable earnings for that week or the amount by which disposable earnings for that week exceed sixty times the applicable minimum hourly wage in effect at the time the earnings are payable, whichever is less.

A.R.S. § 33-1131(B)

The "whichever is less" language is key. It means lower-income earners keep a larger share of their paycheck. Under federal law and Arizona law, the garnishment cap uses whichever minimum wage is highest among federal, state, or local rates. Some people confuse this with 30 times the federal minimum wage, which is a different federal standard. Arizona's threshold is set at 60 times the applicable minimum wage.

When the Limits Change

Two situations override the standard 10% cap. For court orders for child support or spousal support, judgment creditors can take up to one-half of disposable earnings. That is a significant jump. It reflects the priority Arizona places on support payments to a spouse or child.

The exemptions provided in subsection B do not apply in the case of any order for the support of any person. In such case, one-half of the disposable earnings of a debtor for any pay period is exempt from process.

A.R.S. § 33-1131(C)

The standard exemptions also do not apply to federal or state tax debts, or to orders from a federal bankruptcy court under Chapter 13. Debts like federal student loans from the Department of Education may follow their own collection rules.

How This Affects Families

For families working through estate planning, understanding wage garnishment limits matters. It affects how much income is actually available to cover living expenses. It also shapes the financial pressures beneficiaries or surviving family members may face after a death in the family.

If a surviving spouse inherits debts, knowing the garnishment limits helps them plan ahead. These protections are automatic under Arizona law. You do not need to file anything to claim them.

33-1131. Definition; wages; salary; compensation (Caution: 1998 Prop. 105 applies) A. For the purposes of this section, "disposable earnings" means that remaining portion of a debtor's wages, salary or compensation for his personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or deferred compensation plan, after deducting from such earnings those amounts required by law to be withheld. B. Except as provided in subsection C, the maximum part of the disposable earnings of a debtor for any workweek that is subject to process may not exceed ten percent of disposable earnings for that week or the amount by which disposable earnings for that week exceed sixty times the applicable minimum hourly wage in effect at the time the earnings are payable, whichever is less. The applicable minimum hourly wage is the minimum wage required by federal, state or local law, whichever is highest. C. The exemptions provided in subsection B do not apply in the case of any order for the support of any person. In such case, one-half of the disposable earnings of a debtor for any pay period is exempt from process. D. The exemptions provided in this section do not apply in the case of any order of any court of bankruptcy under chapter XIII of the federal bankruptcy act or any debt due for any state or federal tax.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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