Hawaii: Wage Garnishment Limits
The short answer
Hawaii uses its own tiered formula instead of a straight percentage: 5% of the first $100 of monthly wages left after required deductions, 10% of the next $100, and 20% of everything above $200 a month (or the weekly equivalent). An employer must also run the federal 25%/30x-minimum-wage test and use whichever formula takes less from the paycheck. Support withholding is a completely separate mechanism that overrides this ordinary cap and isn't limited by it at all. Hawaii's anti-discharge protection covers being summoned as a garnishee at all, not just a first garnishment.
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This is the general rule in Hawaii. Ezel applies current Hawaii law to your specific facts and answers with citations to the statutes.
| Governing law | Haw. Rev. Stat. § 652-1(a)(4) (tiered wage-garnishment formula); § 378-32(a)(1) (anti-discharge); § 576E-16(c) (support withholding priority, overriding chapter 652) |
|---|---|
| Maximum that can be garnished | A tiered formula on wages remaining after legally required deductions: 5% of the first $100 per month, 10% of the next $100 per month, and 20% of everything over $200 per month, or an equivalent weekly portion (§ 652-1(a)(4)). The employer must also compute the federal CCPA test (lesser of 25% of disposable earnings or the amount over 30x the federal minimum wage) and apply whichever calculation results in a smaller amount withheld — confirmed by the Hawaii Judiciary's own official Garnishee Information form |
| State rule vs. federal floor | Hawaii's tiered percentages (topping out at 20%) are generally more protective than the federal 25% cap for typical incomes, since the statute requires using whichever formula is more favorable to the employee. Because Hawaii's dollar tiers ($100/$200 per month) are small and don't scale with the minimum wage, the federal 30x-minimum-wage floor can occasionally protect more at the low end of earnings, which is exactly why employers must run both calculations rather than assuming the state formula always wins |
| Minimum-wage protected floor | Hawaii's own formula doesn't use a minimum-wage multiplier at all — it exempts the first $200 of monthly wages outright (graduated at 5%/10%) before the 20% tier applies. The federal 30x-minimum-wage floor ($217.50/week at $7.25/hour) still applies as the alternative test an employer must compare against |
| Support, tax & student loan debts | Support withholding is a wholly separate mechanism, not limited by the ordinary § 652-1 cap at all: an income withholding or notice-to-withhold-child-support order 'shall have priority as against any garnishment, attachment, execution, or other income withholding order, or any other order, and shall not be subject to the exemptions or restrictions contained in part III of chapter 651 and in chapters 652 and 653' (§ 576E-16(c)), and can reach the higher federal CCPA support percentages (up to 50-65% of disposable earnings, capped by § 303(b) of the CCPA). Tax debt and federal student loans are collected through their own separate administrative channels outside this ordinary-creditor process |
| Head-of-household/family exemption | No head-of-household or family-support add-on to the ordinary tiered cap anywhere in chapter 652. Hawaii's separate homestead exemption (§ 651-91) does give a bigger $30,000 exemption to a 'head of family' or someone 65 or older versus $20,000 for others, but that's a property/homestead exemption, unrelated to the wage-garnishment formula itself |
| Multiple garnishments at once | Priority between competing garnishments on the same wages runs by time of receipt by the garnishee, not a combined-cap or support-style override: the Hawaii Supreme Court has held that a successive garnishment served on a debtor's new employer under § 652-5 'has equal legal standing with an original garnishee summons; priority being determined according to time of receipt by garnishee' (City Collectors, Ltd. v. Maldonado, 50 Haw. 223, 437 P.2d 95 (1968)). Support withholding overrides this ordinary priority scheme entirely under § 576E-16(c) |
| Protection from being fired | Broader than the federal rule: Hawaii bars an employer from suspending, discharging, or discriminating against an employee 'solely because the employer was summoned as a garnishee in a cause where the employee is the debtor' (§ 378-32(a)(1)) — the protection isn't limited to a first garnishment for one debt the way the federal 15 U.S.C. § 1674 rule is. A separate, narrower anti-discharge rule specific to child support withholding lives in § 576E-16(e) |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law
The tiered formula itself is § 652-1(a)(4), part of Hawaii's garnishment
chapter (chapter 652). The anti-discharge rule is a separate statute, §
378-32(a)(1), in the employment-practices chapter. The rule giving support
withholding priority over ordinary garnishment is § 576E-16(c), in the
child-support-enforcement chapter.
Maximum garnishment amount
The formula: 5% of the first $100 of monthly wages left after legally
required deductions, 10% of the next $100, and 20% of everything above $200
a month, or the equivalent weekly portion (§ 652-1(a)(4)). That's not the
end of it, though — the employer must also calculate the federal CCPA test
(lesser of 25% of disposable earnings or the amount over 30 times the
federal minimum wage) and apply whichever formula takes less from the
employee. Hawaii's own Judiciary court form spells this out directly:
employers must use the calculation more favorable to the employee.
Federal floor comparison
For most paychecks, Hawaii's formula protects more than the federal test,
since the state's top tier tops out at 20% instead of 25%. But because
Hawaii's dollar tiers are small, fixed amounts rather than a minimum-wage
multiple, there's a narrow band near the bottom of the pay scale where the
federal 30x-minimum-wage floor can protect more — which is exactly why the
required side-by-side comparison exists rather than the state formula
simply being assumed to win.
Minimum wage protection floor
Hawaii's own formula doesn't use a minimum-wage multiplier — it works off
fixed dollar tiers instead ($100/$200 per month). The federal 30x-minimum-
wage floor ($217.50/week at $7.25/hour) is still the alternative test an
employer must run and compare against.
Priority debt exceptions
Support withholding is its own animal entirely: it "shall have priority as
against any garnishment, attachment, execution, or other income withholding
order, or any other order," and isn't subject to chapter 652's exemptions
or restrictions at all (§ 576E-16(c)). It can reach the higher federal
support percentages — up to 50-65% of disposable earnings under the CCPA.
Tax debt and federal student loans go through their own separate collection
channels, outside this ordinary-creditor process.
Head-of-household exemption
None on top of the ordinary tiered cap. Hawaii does give a bigger homestead
exemption ($30,000 instead of $20,000) to a "head of family" or someone 65
or older, but that's a separate property exemption, not an add-on to the
wage-garnishment formula.
Multiple garnishments priority
Competing garnishments on the same wages are resolved by time of receipt by
the garnishee (employer), not a combined-cap or support-style override rule.
The Hawaii Supreme Court held that a garnishment following a debtor to a new
employer has equal standing with the original garnishment, with priority
going to whichever was received first (City Collectors, Ltd. v. Maldonado,
50 Haw. 223 (1968)). Support withholding jumps ahead of this ordinary
priority scheme entirely.
Employee termination protection
Broader than federal law. Hawaii bars an employer from suspending,
discharging, or discriminating against an employee "solely because the
employer was summoned as a garnishee" — there's no limit to a first
garnishment for one debt the way federal law has (§ 378-32(a)(1)). A
separate, narrower rule specific to child support withholding is in §
576E-16(e).
What trips people up
Don't assume Hawaii's tiered formula always wins — an employer is required
to run BOTH the state and federal calculations and use whichever protects
the employee more, so check both before assuming the smaller monthly tiers
automatically control. And don't confuse the $30,000/$20,000 head-of-family
homestead exemption with a wage-garnishment protection — it only applies to
home equity, not your paycheck.
Common questions
Is Hawaii's tiered formula always better for the employee than the federal
test?
Usually, but not guaranteed — an employer has to calculate both and use
whichever results in less being withheld.
Can a child support order interrupt an existing ordinary garnishment?
Yes. Support withholding has priority over any other garnishment or income
withholding order, regardless of which came first.
I changed jobs while being garnished — does the creditor have to start
over?
No. A creditor can follow you to a new employer under § 652-5, and that
garnishment has the same legal standing as the original — priority among
multiple garnishments is set by when each was received, not which employer
it was served on first.
Statutes and sources
- Haw. Rev. Stat. § 652-1 — https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0652/HRS_0652-0001.htm (accessed 2026-07-05)
- Haw. Rev. Stat. § 378-32 — https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0032.htm (accessed 2026-07-05)
- Haw. Rev. Stat. § 576E-16 — https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0576E/HRS_0576E-0016.htm (accessed 2026-07-05)
- Haw. Rev. Stat. § 652-5 — https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0652/HRS_0652-0005.htm (accessed 2026-07-05)
- Hawaii District Court Form 3DC27 — https://www.courts.state.hi.us/docs/form/hawaii/3DC27.pdf (accessed 2026-07-05)
- 15 U.S.C. § 1673 — https://www.govinfo.gov/app/details/USCODE-2011-title15/USCODE-2011-title15-chap41-subchapII-sec1673 (accessed 2026-07-05)
Source links
Every statute quoted above, linked, with the date we checked it.
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