Money & Debt · Wage Garnishment
Wage Garnishment Laws in Nebraska
How much of your paycheck a creditor can take in Nebraska, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
Want your own number? Run your paycheck through the Nebraska wage garnishment calculator →
The limit and what is protected in Nebraska
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 25% (15% head of family) of disposable earnings |
| How the limit works | A lower percentage cap than the federal 25% |
| Fully protected pay | Weekly disposable pay up to $217.50 (30 times the $7.25 federal minimum wage) is fully protected for everyone. A creditor can reach only the lesser of the applicable percentage cap or the amount above $217.50 a week. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | Neb. Rev. Stat. §25-1558 |
Nebraska defines head of a family as someone who actually supports and maintains one or more people connected by blood, marriage, adoption, or guardianship, based on a moral or legal obligation to provide for them. The 15% reduced cap applies only to those debtors. Everyone else, and every debtor on a support or bankruptcy garnishment, is subject to the standard 25% / 30x federal minimum wage limit. The head-of-family status generally has to be raised, not assumed.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Nebraska. This is legal information, not legal advice.
- Check whether you are the head of a family
Under Neb. Rev. Stat. §25-1558, garnishment on an ordinary judgment is capped at 15% of disposable pay, not 25%, if you are the head of a family, meaning you actually support relatives connected by blood, marriage, adoption, or guardianship. That reduction can keep a meaningful share of your paycheck.
- Raise the head-of-family status in your response
The 15% rate is not always applied for you. When you respond to the garnishment, state that you are the head of a family so the lower cap is used. Watch the deadline printed on your papers, because acting late can leave you at the 25% cap.
- Confirm the protected floor
Whichever percentage applies, the first $217.50 of your weekly disposable pay cannot be touched, and a creditor takes only the lesser of the percentage cap or the amount above that floor. If your take-home is at or below $217.50 a week, none of it should be garnished.
- Get free Nebraska legal help
Legal Aid of Nebraska helps residents claim exemptions and respond to garnishments at no charge, and its statewide AccessLine can point you to the right forms. This is legal information, not legal advice, so confirm your own situation with a lawyer.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ Legal Aid of Nebraska (statewide legal aid)This is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Nebraska workers get wrong
Nebraska protects a family provider more than the average creditor expects. On an ordinary consumer judgment, Neb. Rev. Stat. §25-1558 lets a creditor take up to 25% of your disposable pay, the same as the federal ceiling. But if you are the head of a family, the cap drops to 15% of your disposable earnings. Nebraska defines head of a family broadly: someone who actually supports and maintains one or more people connected by blood, marriage, adoption, or guardianship, based on a moral or legal duty. On top of the percentage cap, the first $217.50 of weekly disposable pay, which is 30 times the $7.25 federal minimum wage, is always protected, so lower earners often have nothing taken. The head-of-family rate generally has to be raised rather than assumed, so it helps to state your status when you respond. The reduced cap does not cover support orders or bankruptcy garnishments, which follow their own rules.
Common questions
How much of my paycheck can a creditor garnish in Nebraska?
On an ordinary consumer judgment, the standard cap under Neb. Rev. Stat. §25-1558 is the lesser of 25% of your disposable pay or the amount above $217.50 a week. But if you are the head of a family, the cap drops to 15% of disposable pay, whichever result leaves you more money.
What is the Nebraska head-of-family garnishment exemption?
It is a reduced garnishment rate. Under §25-1558, a head of a family has ordinary-judgment garnishment capped at 15% of disposable earnings instead of 25%. The head of a family is someone who actually supports relatives connected by blood, marriage, adoption, or guardianship, based on a moral or legal obligation.
How do I get the 15% head-of-family rate in Nebraska?
You generally have to raise it. When you respond to the garnishment, state that you are the head of a family so the lower cap applies, and watch the deadline on your papers. If you do not raise it, the garnishment can proceed at the standard 25% cap.
What is the $217.50 protected amount in Nebraska?
It is a weekly floor of pay that cannot be garnished at all. Nebraska uses the federal formula: 30 times the $7.25 federal minimum wage equals $217.50 a week. A creditor can reach only the portion of your weekly disposable pay above that figure, and never more than the applicable 25% or 15% cap, whichever leaves you more.
Does the 15% head-of-family cap apply to child support in Nebraska?
No. The reduced 15% rate covers ordinary consumer judgments. It does not apply to court orders for the support of any person or to bankruptcy orders, which follow their own separate rules. Support garnishments in particular can take a much larger share of your pay under federal limits.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.