West Virginia Wage Garnishment Calculator

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West Virginia Wage Garnishment Calculator

Calculate wage garnishment limits under West Virginia law. W. Va. Code 38-5A-5, W. Va. Code 40-4-20, 15 U.S.C. 1671-1677. Estimates only.

Rules encoded (VERIFY): West Virginia follows federal CCPA limits. Under W. Va. Code 38-5A-5, the maximum garnishment for consumer debts is the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage ($217.50 weekly). Child support withholding follows CCPA tiers 50/55/60/65% per W. Va. Code 40-4-20. Federal student loan AWG uses 15%. Federal tax debts follow IRS Pub 1494. West Virginia State Tax Department levies typically follow the 25% limit. Post-judgment interest is generally 10% (W. Va. Code 34-26-10). West Virginia has a state income tax.

1. Mode, county and pay date

Stack uses the order boxes in section 3.
West Virginia uses federal $7.25 minimum wage for garnishment calculations.
Circuit Court venue.
Federal 30x test runs weekly; scaled by 52 / periods.
Select a county to see the venue note and federal floor figures.

2. Gross pay and legally required withholding

Includes bonuses and commissions.
Voluntary 401(k) excluded.
Take-home only; not in the garnishment base.

3. Order type and amounts

0 applies the statutory maximum.
Reduces the 25% aggregate room.
Shares the 25% ceiling.

4. Balance and payoff

West Virginia post-judgment interest: 10% (W. Va. Code 34-26-10 – VERIFY).

How it works

  • Disposable = gross minus legally required withholding; voluntary shown separately.
  • Weekly conversion = 52 / periods (1, 2, 2.1667, 4.3333).
  • W. Va. Code 38-5A-5 limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage ($217.50).
  • Consumer debts = up to 25% of disposable earnings per CCPA.
  • Support = lesser of ordered and CCPA tier 50/55/60/65% of disposable earnings per W. Va. Code 40-4-20.
  • Federal tax = up to 25% of disposable earnings per CCPA (IRS Pub 1494).
  • Student loan AWG = lesser of 15% disposable and above the federal 30x floor.
  • Chapter 13 = the confirmed plan payment, capped at disposable earnings.
  • Stack applies precedence in order.
  • Payoff amortizes at the entered rate and flags non-amortizing or zero-withholding cases.

Sources

  • W. Va. Code 38-5A-5 (wage garnishment limits): wvlegislature.gov
  • W. Va. Code 40-4-20 (support withholding): wvlegislature.gov
  • W. Va. Code 34-26-10 (post-judgment interest: 10%): wvlegislature.gov
  • 15 U.S.C. 1671-1677 (Consumer Credit Protection Act): dol.gov
  • DOL Fact Sheet 30 (wage garnishment protections): dol.gov
  • West Virginia State Tax Department (tax.wv.gov)
  • IRS Pub 1494 and Form 668-W: irs.gov
  • 20 U.S.C. 1095a, 34 CFR 34.19 (student loan AWG): studentaid.gov

Test cases

TC1 Kanawha County, 2026, weekly, consumer debt. Gross $1,000.00; required $200.00; disposable $800.00. 25% cap = $200.00. Withheld $200.00, take-home $600.00.
TC2 Berkeley County, 2026, weekly, consumer debt. Gross $300.00; required $50.00; disposable $250.00. Floor $217.50 leaves $32.50 reachable; 25% cap is $62.50. Withheld $32.50, take-home $217.50.
TC3 Cabell County, 2026, biweekly, child support. Gross $2,400.00; required $560.00; disposable $1,840.00. With no second family and no arrears, the CCPA tier is 60% = $1,104.00. Withheld $1,104.00, take-home $736.00.
TC4 Monongalia County, 2026, semimonthly, federal student loan AWG. Gross $2,600.00; required $600.00; disposable $2,000.00. The 15% AWG cap is $300.00. Withheld $300.00, take-home $1,400.00.
TC5 Wood County, 2026, monthly, consumer debt. Gross $4,000.00; required $1,000.00; disposable $3,000.00. 25% cap = $750.00. Withheld $750.00, take-home $2,250.00.
Estimates only; not legal advice. All figures VERIFY, including the West Virginia wage garnishment limits under W. Va. Code 38-5A-5, the CCPA support tiers, the federal student loan 15% cap, and the 10% post-judgment interest rate. Not modeled: contested exemption hearings, automatic stays, self-employment income, bonuses, severance, pensions, unemployment or workers compensation. Consult a West Virginia attorney or West Virginia Legal Services. Deploy: replace the block, Update, purge cache, hard refresh; verify document.getElementById(“west-virginia-wage-garnishment-calculator”).getAttribute(“data-js-ready”) returns “true” with no SyntaxError.

What Is a West Virginia Wage Garnishment Calculator?

A West Virginia wage garnishment calculator estimates the amount of earnings that may be withheld from a paycheck for a selected debt or support obligation. It calculates disposable earnings, applies the withholding limits programmed for the selected order type, and displays estimated garnishment, protected earnings, and remaining take-home pay based on your inputs.

Wage garnishment is a process in which an employer withholds part of an employee's earnings to satisfy a debt or legal obligation. The amount withheld can depend on disposable earnings, the type of debt, and applicable withholding restrictions.

The calculator includes consumer debt, medical debt, child support, spousal support, federal student loan administrative wage garnishment (AWG), federal tax debt, a West Virginia State Tax Department levy selection, and Chapter 13 plan payments.

Three calculation modes are available: Single order, Stacking, and Payoff timeline. You can estimate withholding for one obligation, model five categories of competing orders, or calculate a possible repayment period using a debt balance and annual interest rate.

The results follow programmed legal and mathematical assumptions that require verification. They are estimates, not confirmation of what a court, creditor, government agency, or employer must legally withhold.

How the West Virginia Wage Garnishment Calculation Works

The calculator first determines disposable earnings. It then calculates the applicable withholding ceiling based on the selected order type. For consumer and medical debts, it compares 25% of disposable earnings with the amount above a programmed federal minimum-wage protection floor.

Step 1: Calculate Disposable Earnings

Disposable earnings are gross earnings minus deductions that the calculator treats as legally required.

D=G−min⁡(G,R)D=G-\min(G,R)

Where D represents disposable earnings, G is gross earnings for the pay period, and R is the total of entered required payroll deductions.

The calculator includes federal income tax, West Virginia income tax, Social Security and Medicare, mandatory retirement contributions, and other required withholding.

If these deductions exceed gross earnings, the calculator limits the required deduction total to gross pay. This prevents disposable earnings from becoming negative.

Voluntary deductions, such as health insurance payments, voluntary 401(k) contributions, and dues, do not reduce the disposable earnings calculation base. They are subtracted separately when estimating take-home pay.

Step 2: Calculate the Federal Earnings Protection Floor

For consumer and medical debt withholding, the calculator uses an encoded federal minimum wage of $7.25 per hour. Multiplying this amount by 30 produces a weekly earnings floor of $217.50.

The calculator converts this weekly floor to the selected pay frequency using:

F=30×7.25×52NF=30\times7.25\times\frac{52}{N}

F represents the earnings protection floor for one pay period, and N represents the number of pay periods per year.

Pay FrequencyPeriods Per YearCalculated Earnings Floor
Weekly52$217.50
Biweekly26$435.00
Semimonthly24$471.25
Monthly12$942.50

These amounts come from the calculator's programmed constants. Its earnings-floor calculation does not change with the selected pay year.

The amount of disposable earnings above the protection floor is:

H=max⁡(0,D−F)H=\max(0,D-F)

H represents earnings above the protected amount. If disposable earnings are at or below the floor, H becomes zero.

Step 3: Calculate Consumer and Medical Debt Garnishment

For consumer and medical debts, the calculator compares three amounts: 25% of disposable earnings, earnings above the protected floor, and remaining 25% room after other garnishments.

C=min⁡(0.25D,H,max⁡(0,0.25D−O))C=\min\left(0.25D,H,\max(0,0.25D-O)\right)

Where C is the calculated withholding ceiling, D is disposable earnings, H is earnings above the protected floor, and O is the amount entered as other garnishments.

The smallest amount determines the withholding ceiling. If the amount demanded is positive and smaller than the ceiling, the calculator uses that lower amount. Entering zero for the amount demanded applies the full calculated ceiling.

The results also show a separate remaining-room figure after subtracting both existing support withholding and other garnishments from 25% of disposable earnings. However, the actual consumer and medical debt calculation subtracts only the entered other-garnishment amount when applying its remaining-cap adjustment.

Step 4: Calculate Child Support and Spousal Support Withholding

The calculator applies separate support withholding percentages rather than the ordinary 25% consumer debt ceiling.

Csupport=r×DC_{\text{support}}=r\times D

In this formula, r is the applicable support withholding rate, and D is disposable earnings.

Support SituationCalculator Rate
Supports a second spouse or child50%
Second family supported, with arrears 12 weeks or older55%
No second family selected60%
No second family selected, with arrears 12 weeks or older65%

The calculator chooses the applicable rate through its second-family and arrears checkboxes. A smaller positive amount demanded reduces withholding below the calculated support ceiling. The result is also limited to disposable earnings.

Step 5: Calculate Federal Student Loan Garnishment

For federal student loan administrative wage garnishment, the calculator uses the smaller of 15% of disposable earnings and earnings above the 30-times federal minimum wage floor.

Cstudent=min⁡(0.15D,max⁡(0,D−F))C_{\text{student}}=\min\left(0.15D,\max(0,D-F)\right)

D represents disposable earnings, and F represents the federal protection floor for the selected pay period.

If the amount demanded is positive and below the calculated ceiling, the calculator uses the smaller demanded amount. When disposable earnings do not exceed the protection floor, the calculated student loan withholding becomes zero.

Step 6: Calculate Federal Tax Levy Withholding

The calculator estimates a federal tax levy exemption using stored annual deduction amounts for the selected pay year and filing status, plus programmed adjustments for dependents and age-65 or blindness selections.

E=S+(5300×d)+(1600×a)NE=\frac{S+(5300\times d)+(1600\times a)}{N}

Where E is the estimated exempt amount per pay period, S is the stored annual deduction amount, d is the number of dependents, a is the number of selected age-65 or blindness boxes, and N is annual pay periods.

The calculator stores deduction amounts for 2024, 2025, and 2026. Its $5,300 dependent adjustment and $1,600 age-or-blindness adjustment are built-in assumptions, not independently verified IRS levy allowances.

The estimated federal tax levy amount available before applying any smaller positive demand is:

CIRS=max⁡(0,D−E)C_{\text{IRS}}=\max(0,D-E)

A positive exempt-amount override replaces the calculated exemption for one pay period. A smaller positive amount demanded reduces the modeled withholding. The calculator does not apply its ordinary 25% consumer debt ceiling to the federal tax calculation.

Step 7: Calculate Chapter 13 Plan Withholding

For a Chapter 13 plan, the calculator converts the entered monthly plan payment into a payment for the selected pay frequency.

Cplan=min⁡(D,12MN)C_{\text{plan}}=\min\left(D,\frac{12M}{N}\right)

M represents the monthly plan payment, N is the number of annual pay periods, and D is disposable earnings.

The calculated amount cannot exceed disposable earnings. A smaller positive amount demanded can reduce withholding further.

West Virginia state tax levy limitation: The single-order menu includes a West Virginia State Tax Department levy selection, but the code does not implement a separate calculation branch for that selection. Instead, it falls through to the Chapter 13 monthly plan calculation. With the default monthly plan payment of zero, this produces zero withholding. This should not be treated as a reliable standalone state tax levy estimate. Stacking mode handles entered state tax requests separately.

Worked Example: Weekly Consumer Debt Garnishment

Suppose a West Virginia employee enters the following hypothetical information:

  • Gross weekly earnings: $300.00
  • Required payroll deductions: $50.00
  • Voluntary deductions: $0.00
  • Other garnishments: $0.00
  • Order type: Consumer debt
  • Amount demanded: $0.00, applying the calculator's full ceiling

First, calculate disposable earnings:

D=300−50=250D=300-50=250

Next, calculate 25% of disposable earnings:

0.25×250=62.500.25\times250=62.50

Then calculate earnings above the weekly protection floor:

250−217.50=32.50250-217.50=32.50

Because $32.50 is smaller than $62.50, the protection-floor restriction controls the estimate. With no other garnishments or voluntary deductions, the calculator produces these results:

  • Withheld per week: $32.50
  • Estimated annual withholding: $1,690.00
  • Estimated weekly take-home pay: $217.50
  • Share of disposable earnings withheld: 13.00%

This example demonstrates the calculator's programmed arithmetic. It does not determine whether an employer may legally withhold that amount in a particular situation.

How the Debt Payoff Formula Works

Payoff mode estimates repayment time using the outstanding balance, entered annual interest rate, calculated withholding per period, and pay frequency.

The calculator first converts the annual interest percentage into a periodic interest rate:

i=r100Ni=\frac{r}{100N}

Here, i is the interest rate per pay period, r is the entered annual interest rate as a percentage, and N is the number of annual pay periods.

When interest is positive and the periodic payment exceeds accruing interest, the calculator estimates the required number of whole payment periods using:

n=⌈−ln⁡(1−BiP)ln⁡(1+i)⌉n=\left\lceil\frac{-\ln\left(1-\frac{Bi}{P}\right)}{\ln(1+i)}\right\rceil

B represents the outstanding balance, P is the withholding payment per period, and n is the number of payment periods rounded upward.

When the entered interest rate is zero, the calculator instead rounds the balance divided by the payment upward.

n=⌈BP⌉n=\left\lceil\frac{B}{P}\right\rceil

For positive-interest calculations, estimated total paid equals the number of periods multiplied by the full periodic payment. Estimated interest equals that total minus the original balance. This simplified calculation does not reduce the final payment to the precise remaining balance. With zero interest, the calculator reports total paid as the original balance.

The calculator displays an explanatory message instead of a positive payoff timeline when the balance is zero, withholding is zero, or the payment cannot cover accruing interest.

How to Use the West Virginia Wage Garnishment Calculator

  1. Select a calculation mode. Choose Single order, Stacking, or Payoff timeline.
  2. Choose the pay year and county. Select 2024, 2025, or 2026, then choose an available West Virginia county option.
  3. Select your pay frequency. Choose weekly, biweekly, semimonthly, or monthly.
  4. Enter gross pay. Provide earnings for one pay period, including applicable bonuses and commissions.
  5. Enter required payroll deductions. Include federal income tax, West Virginia income tax, Social Security and Medicare, mandatory retirement, and other required withholding. Enter voluntary deductions separately.
  6. Select an order type. Choose the debt, support, tax, student loan, or Chapter 13 category you want to examine.
  7. Enter withholding information. Provide the amount demanded per period, support already withheld, and other garnishments where applicable.
  8. Complete additional fields. For support orders, select the second-family and arrears checkboxes as appropriate. For federal tax, enter filing details or an exemption override. For Chapter 13, enter the monthly plan payment.
  9. Enter stacking or payoff details if needed. Stacking mode provides separate requested amounts for five order categories. For a meaningful payoff estimate, enter a positive debt balance and review the annual interest rate.
  10. Calculate your estimate. Check the required acknowledgment and select Calculate. Use Reset to restore the original input values.

The primary result displays estimated withholding per pay period for the selected single-order category. Detailed results include disposable earnings, protected income, withholding ceilings, estimated take-home pay, and the percentage of disposable earnings withheld.

Stacking mode additionally displays a priority waterfall and payoff panel based on total stacked withholding. Payoff mode displays repayment estimates based on the selected single-order withholding amount.

The calculator requires a county selection, gross earnings greater than zero, and the acknowledgment checkbox. It checks numeric inputs against their configured limits. The annual interest-rate field accepts values from 0% to 40%, with 10% entered by default. That default is a programmed assumption, not confirmation of the applicable rate for a specific judgment or debt.

Understanding Your Wage Garnishment Results

Estimated Withholding and Take-Home Pay

The main withholding result represents the amount calculated for one pay period. The calculator also displays weekly and annual equivalents based on the selected pay frequency.

Estimated take-home pay is calculated by subtracting required deductions, voluntary deductions, and calculated withholding from gross earnings. If the result becomes negative, the calculator displays zero.

T=max⁡(0,G−R−V−W)T=\max(0,G-R-V-W)

Here, T is estimated take-home pay, G is gross earnings, R is required deductions after the calculator's gross-pay cap, V is voluntary deductions, and W is calculated withholding.

Dollar amounts are displayed with two decimal places. The share of disposable earnings withheld appears as a percentage with two decimal places.

A colored meter illustrates withholding against a 65% reference scale. Its color changes at 10% and 25%. These thresholds are visual display settings, not separate legal determinations.

How Stacking Mode Handles Multiple Garnishments

Stacking mode models five withholding categories in this programmed order:

  1. Support withholding
  2. Federal tax withholding
  3. West Virginia State Tax Department withholding
  4. Federal student loan AWG
  5. Consumer debt withholding

The calculator starts with disposable earnings and reduces the remaining amount after processing each category. Support uses the selected support ceiling. Federal tax withholding is limited by the requested amount and remaining earnings above the estimated IRS exemption.

The state-tax step uses the smallest of the requested state-tax amount, 25% of original disposable earnings, and remaining earnings. The student loan step uses the smaller of its requested amount and its 15% or federal earnings-floor ceiling, calculated from original disposable earnings.

The consumer debt step then uses its calculated ceiling and limits the amount to positive remaining earnings.

Important stacking limitation: The student loan step does not separately limit withholding to the earnings remaining after earlier orders. Some combinations can therefore produce total modeled withholding above disposable earnings. The calculator limits displayed take-home pay to zero, but the waterfall should not be treated as an official legal priority allocation.

How Existing Garnishments Affect the Result

The calculator displays remaining 25% room after subtracting entered existing support withholding and other garnishments from 25% of disposable earnings, with a minimum of zero.

However, the actual single-order consumer and medical debt formula adjusts its available 25% room using only the entered other-garnishment amount. Existing support withholding affects the separately displayed remaining-room figure rather than directly reducing that order's calculated withholding.

Support, federal tax, student loan, and Chapter 13 calculations use separate formulas. The displayed remaining-room amount therefore does not control every withholding category.

What the County and Pay Year Selections Change

County selection supplies West Virginia Circuit Court venue information in the calculator's result notes. It does not change the numerical withholding limits. The menu includes named counties and an option for other West Virginia counties.

The selected pay year determines which stored annual deduction figures the calculator uses in its federal tax exemption estimate. Its general withholding percentages and encoded minimum-wage-based floor remain the same across the available years.

Important Calculation and Legal Limitations

The calculator includes informational notes about West Virginia garnishment limits, court venue, exemption claims, employment protections, and post-judgment interest. These notes reflect programmed assumptions and do not establish an individual's legal rights, filing deadlines, or eligibility for an exemption.

The calculator does not separately model contested exemption hearings, automatic stays, self-employment income, severance, pensions, unemployment benefits, or workers' compensation. Bonuses and commissions can be included in gross earnings but do not receive separate calculation rules.

Actual withholding may depend on the garnishment order, applicable exemptions, current laws, agency instructions, other collection actions, and payroll circumstances. The calculator's legal references, tax exemption figures, state-tax handling, and interest assumptions require independent verification.

Because the results are estimates, they should not replace instructions from the relevant court or collecting agency or advice from a qualified West Virginia attorney.

Frequently Asked Questions

How much of my paycheck can be garnished in West Virginia?

For consumer and medical debts, the calculator uses the smallest of 25% of disposable earnings, earnings above its 30-times federal minimum wage floor, and remaining 25% room after other garnishments. Different calculations apply to support orders, federal student loans, federal tax levies, and Chapter 13 payments. The result is an estimate rather than a legally binding determination.

What is the difference between gross pay and disposable earnings?

Gross pay is the total amount earned before deductions. Disposable earnings are what remains after deductions the calculator classifies as legally required. These include federal and West Virginia income taxes, Social Security and Medicare, mandatory retirement, and other required withholding. Voluntary deductions affect estimated take-home pay but not the disposable earnings calculation base.

Why does the calculator use 30 times the federal minimum wage?

The calculator uses a programmed protection floor of 30 times the federal minimum wage for consumer and medical debt calculations. Its encoded hourly figure of $7.25 produces $217.50 per week. The calculator converts this amount to the selected pay frequency and compares it with disposable earnings when determining the withholding ceiling.

Can child support withholding exceed 25% of disposable earnings?

Yes. The calculator applies separate support withholding ceilings of 50%, 55%, 60%, or 65% of disposable earnings. The rate depends on whether a second family is supported and whether the arrears checkbox is selected. A smaller positive amount demanded reduces the modeled withholding below the applicable ceiling.

Does the calculator include West Virginia income tax?

Yes. West Virginia income tax is a separate input in the required payroll deductions section. The amount entered reduces disposable earnings along with other required withholding. The calculator does not automatically calculate West Virginia income tax from your earnings. You must enter the deduction amount yourself.

Can the calculator estimate multiple garnishments at once?

Yes. Stacking mode accepts separate requested amounts for support, federal tax, West Virginia State Tax Department collections, federal student loans, and consumer debt. It displays withholding by category, total withheld, and estimated take-home pay. Results follow a fixed programmed sequence and should not be treated as an official determination of creditor priority.

How does the West Virginia wage garnishment payoff estimate work?

The payoff calculation uses the outstanding balance, entered annual interest rate, pay frequency, and calculated withholding per period. It estimates the number of payment periods, approximate calendar time, total paid, and interest. When withholding is zero or cannot cover accruing interest, the calculator displays an explanatory message instead of a positive payoff timeline.

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