Montana: Wage Garnishment Limits
The short answer
Montana adopts the plain federal formula word for word: an ordinary judgment creditor can take the lesser of 25% of disposable earnings or the amount by which earnings exceed 30 times the federal minimum hourly wage, with no state-specific cut or extension. Child and spousal support orders follow the higher federal support ceilings (50-65%) instead. When more than one levy hits the same paycheck, Montana uses strict first-in-time priority by date and time of service, and its own statute bars firing an employee over any garnishment, not just a first one.
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This is the general rule in Montana. Ezel applies current Montana law to your specific facts and answers with citations to the statutes.
| Governing law | Mont. Code Ann. § 25-13-614 (the substantive earnings-garnishment cap); § 25-13-402(6) (mechanics and priority of a levy on earnings); § 39-2-302 (anti-discharge) |
|---|---|
| Maximum that can be garnished | The lesser of: (1) the amount by which the debtor's disposable earnings for the week exceed 30 times the federal minimum hourly wage, or (2) 25% of the debtor's disposable earnings for that week (§ 25-13-614(1)-(2)) — the plain federal Consumer Credit Protection Act formula, adopted without any state-specific reduction or extension |
| State rule vs. federal floor | Simply adopts the federal CCPA formula as its own state rule, with identical numbers (25% / 30x federal minimum wage) and no independent state cut or extension. Montana is not more protective, less protective, or a bar state — it restates the federal floor directly in its own code |
| Minimum-wage protected floor | 30 times the federal minimum hourly wage under 29 U.S.C. § 206(a)(1) (§ 25-13-614(2)(a)) — the same multiplier as federal law, and tied specifically to the FEDERAL minimum wage rather than Montana's own (higher) state minimum wage, unlike states that use whichever minimum wage is higher |
| Support, tax & student loan debts | Child and spousal support orders are excluded from the ordinary 25%/30x cap entirely (§ 25-13-614(3)) and instead follow their own ceiling under § 25-13-614(4): 50% of disposable earnings if the debtor is supporting another spouse or child, or 60% if not, rising to 55%/65% for arrears predating the current 12-week period — matching the federal CCPA support percentages exactly. A levy on a state tax refund or other state-agency funds is separately subordinate to the Department of Revenue's own right of offset for delinquent taxes (§ 25-13-402(7)(d)). Federal student loan administrative wage garnishment runs outside this chapter |
| Head-of-household/family exemption | None. Montana's property-exemption list (Mont. Code Ann. § 25-13-601 to -617) has no head-of-family or dependent-based add-on to the ordinary earnings cap in § 25-13-614 — the 25%/30x formula applies the same way regardless of the debtor's dependents |
| Multiple garnishments at once | Strict first-in-time priority: 'multiple levies served under this subsection have priority according to the date and time of service upon the employer' (§ 25-13-402(6)(c)), so an earlier-served levy is paid first out of the capped amount before a later one, subject to any superior state or federal priority rule for a specific type of levy (§ 25-13-402(8)) — support orders, for instance, are not limited by an earlier ordinary garnishment |
| Protection from being fired | Montana has its own state statute, broader than the federal floor: 'No employer shall discharge or lay off an employee because of attachment or garnishment served on the employer against the wages of the employee' (§ 39-2-302), with no limit to a first garnishment on a single debt — unlike the federal rule (15 U.S.C. § 1674), which only protects against discharge for one garnishment on one debt |
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Requirements one by one
Governing law
The substantive cap is in Mont. Code Ann. § 25-13-614, part of the
exemptions-from-execution chapter. The mechanics of serving and prioritizing
a levy on wages are in § 25-13-402(6). Montana's own anti-discharge
protection is a separate labor-code statute, § 39-2-302.
Maximum garnishment amount
The maximum any workweek's garnishment can reach is the lesser of two
figures under § 25-13-614(2): the amount by which disposable earnings
exceed 30 times the federal minimum hourly wage, or 25% of disposable
earnings for that week. This is the federal Consumer Credit Protection Act
formula, restated word for word in Montana's own code, with no additional
state-specific cut or extension.
Federal floor comparison
Montana simply adopts the federal floor as its own rule. It isn't more
protective (no lower percentage or higher minimum-wage multiplier), isn't
less protective, and isn't a bar state — the numbers in state law and
federal law are identical.
Minimum wage protection floor
30 times the federal minimum hourly wage set by 29 U.S.C. § 206(a)(1). Note
that the statute ties this specifically to the federal minimum wage, not to
Montana's own state minimum wage (which is higher than the federal minimum)
— unlike states that use whichever minimum wage is higher.
Priority debt exceptions
Child and spousal support orders skip the ordinary 25%/30x cap and instead
follow § 25-13-614(4)'s own ceiling: 50% of disposable earnings if the
debtor is supporting another spouse or child, 60% if not, rising to 55%/65%
for older arrears — the same numbers as the federal CCPA support ceiling. A
levy against a state tax refund or other state funds is separately
subordinate to the Department of Revenue's own right to offset delinquent
taxes first. Federal student loan wage garnishment operates outside this
chapter entirely.
Head-of-household exemption
None. Montana's list of property exempt from execution has no add-on
protection for a debtor supporting a family, dependents, or a household —
the 25%/30x cap in § 25-13-614 applies the same way regardless of
dependents.
Multiple garnishments priority
Strict first-in-time priority: under § 25-13-402(6)(c), when more than one
levy is served on the same employer, they're paid in the order they were
served, by date and time. That default yields to any other state or federal
law that gives a specific type of levy superior priority — for example,
support orders under § 25-13-614(4) aren't limited by an earlier ordinary
garnishment.
Employee termination protection
Montana's own statute is broader than the federal rule: an employer may not
discharge or lay off an employee "because of attachment or garnishment
served on the employer against the wages of the employee" (§ 39-2-302), with
no stated limit to a single garnishment. Federal law (15 U.S.C. § 1674) only
protects against discharge tied to a first garnishment on one debt.
What trips people up
Don't assume Montana's minimum-wage floor tracks Montana's own (higher)
minimum wage — the statute's 30x multiplier is pinned to the federal minimum
wage specifically, so the protected floor is smaller than in states that use
whichever minimum wage (state or federal) is higher. Also don't assume a
second garnishment automatically gets folded into the same 25% cap as the
first: ordinary garnishments are prioritized strictly by when they were
served, so a second creditor may get nothing until the first is satisfied.
Common questions
Does Montana protect more of my paycheck than federal law requires?
No. Montana's cap is the same 25%/30x-minimum-wage formula as federal law,
copied directly into state statute.
What if two creditors both try to garnish my wages at once?
Whichever levy was served on your employer first gets priority under
§ 25-13-402(6)(c); a later garnishment has to wait unless another law gives
it superior priority, such as a child support order.
Can my employer fire me for being garnished?
No. § 39-2-302 bars an employer from discharging or laying off an employee
because of an attachment or garnishment, and Montana's version isn't limited
to just a first garnishment the way federal law is.
Statutes and sources
- Mont. Code Ann. § 25-13-614 — https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0140/0250-0130-0060-0140.html (accessed 2026-07-05)
- Mont. Code Ann. § 25-13-402 — https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html (accessed 2026-07-05)
- Mont. Code Ann. § 39-2-302 — https://mca.legmt.gov/bills/2007/mca/39/2/39-2-302.htm (accessed 2026-07-05)
- 15 U.S.C. § 1674 — https://www.govinfo.gov/app/details/USCODE-2011-title15/USCODE-2011-title15-chap41-subchapII-sec1674 (accessed 2026-07-05)
Source links
Every statute quoted above, linked, with the date we checked it.
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