Alaska Wage Garnishment Rules
Understand Alaska's protections against wage garnishment, including exemptions, limits, and employee rights for financial stability.
Alaska provides robust safeguards for workers facing wage garnishment, blending state-specific exemptions with federal standards to protect a significant portion of earnings from creditor claims. These rules ensure employees retain enough income for basic needs while allowing legitimate debts to be addressed through court processes.
Core Principles of Wage Garnishment in Alaska
Wage garnishment occurs when a court orders an employer to withhold part of an employee’s pay to repay debts, but Alaska law imposes strict boundaries. Disposable earnings—wages after mandatory deductions like taxes—are the target, with protections prioritizing financial stability.
Under federal law via the Consumer Credit Protection Act (CCPA), garnishment cannot exceed the lesser of 25% of weekly disposable earnings or 30 times the federal minimum wage. Alaska enhances this with higher exemptions: typically 75% of disposable earnings or a fixed weekly amount, whichever benefits the employee more.
- Weekly or biweekly pay: Greater of $473 or 75% of disposable earnings exempt per week.
- Monthly pay: Calculate weekly equivalent by dividing monthly earnings by 4.3.
- Semi-monthly pay: Divide by 2.17 for weekly figure.
Non-residents receive the greater of 30 times the federal minimum wage or 75% exemption. These automatic protections apply immediately upon garnishment notice.
Enhanced Protections for Household Supporters
Alaska offers amplified exemptions for those solely supporting their household. By submitting an affidavit, individuals can increase the weekly exemption to $743, provided no other income sustains the home.
This head-of-household exemption requires a sworn statement under penalty of perjury, filed with form CIV-531. Courts may schedule hearings—potentially via phone or Zoom—to verify claims, ensuring only qualified debtors access this safeguard.
| Pay Frequency | Standard Exemption | Head-of-Household Exemption |
|---|---|---|
| Weekly | $473 or 75% disposable | $743 or 75% disposable |
| Monthly (weekly equiv.) | $473 or 75% | $743 or 75% |
| Non-Resident Weekly | 30x fed min wage or 75% | Applies if qualified |
Employers must correctly compute these; errors prompt exemption claims.
Liquid Assets and Alternative Exemptions
For irregular pay cycles outside weekly/semi-monthly/monthly, Alaska’s “liquid asset” rule caps exemptions at $1,890 monthly for cash equivalents like deposits, securities, vacation pay, or receivables.
This non-automatic exemption demands a timely claim via CIV-531, supporting diverse income sources while preventing total asset seizure.
Priority Debts and Exceptions to Limits
Standard exemptions reduce for high-priority obligations:
- Child support/alimony: Lower automatic protections; higher garnishment allowed.
- State/local taxes: Reduced exemptions.
- Felony victim restitution: Limited safeguards.
- Employee wage claims: Up to one month’s earnings vulnerable.
IRS levies follow federal Publication 1494, factoring dependents without state variations. Creditor garnishments need court judgments; no automatic withholding otherwise.
Step-by-Step Garnishment Process
- Judgment entry: Creditor wins court case, establishing debt.
- Writ issuance: Court issues execution writ for earnings garnishment.
- Employer notification: Garnishee receives order, withholds non-exempt pay.
- Debtor notice: Employee gets CIV-530 notice detailing exemptions, rights.
- 15-day window: File exemption claim if needed.
- Hearing if contested: Court reviews affidavits, calculations.
- Continuing lien: Withholds until debt satisfied per AS 09.38.035.
Employers remit non-exempt portions to court; federal law bars firing over one garnishment.
Employee Rights and Protections
Key safeguards include:
- Automatic exemptions without filing.
- 15-day claim period for increases/challenges.
- No discharge for single garnishment (15 USC §1674).
- Notary-free filing options via clerks.
Read the Judgment Debtor Booklet for details before claiming. Multiple garnishments prioritize: child support first, then creditor claims up to CCPA limits.
Employer Responsibilities Under Alaska Law
Employers act as garnishees, calculating disposable earnings accurately and paying non-exempt amounts to court. Types include:
- Child support.
- Federal/state/local levies.
- Creditor judgments.
- Student loans.
Failure risks liability; training ensures compliance.
Comparing Alaska to Federal and Neighboring States
Alaska’s 75% exemption exceeds federal 25% max, offering superior protection. Versus others:
| State | Key Limit | Notes |
|---|---|---|
| Alaska | 75% or $473/wk | Head-of-household to $743 |
| California | 25% or net 40x min wage | Stricter calc |
| Texas | Limited to taxes/support/loans | Broad exemptions |
| Federal Min | 25% or 30x min wage | Baseline |
Alaska’s rules reflect high living costs, additional exemptions per Alaska Exemptions Act.
Frequently Asked Questions
What is disposable earnings in Alaska garnishment?
Pay after legally required withholdings like taxes, excluding voluntary deductions.
How soon must I file an exemption claim?
Within 15 days of garnishment notice receipt.
Can my employer fire me for garnishment?
No, federal law protects against discharge for one indebtedness.
Does child support change exemption amounts?
Yes, reduces automatic protections for support orders.
What if paid irregularly, like commissions only?
Claim liquid asset exemption up to $1,890/month.
Are non-residents protected differently?
Exemption is greater of 30x federal min wage or 75% disposable.
Strategies to Minimize Garnishment Impact
Proactive steps include negotiating debt repayment, bankruptcy filings (halting garnishments), or disputing judgments. Consult legal aid for personalized advice; resources like Alaska Law Help assist with forms.
Understanding timelines prevents waiver of rights—act swiftly on notices. Track employer calculations to challenge errors promptly.
References
- IRS Wage Garnishment Laws by State: A Taxpayer’s Guide — Rush Tax Resolution. 2023. https://rushtaxresolution.com/wage-garnishment-laws-by-state/
- Notice of Garnishment and Notice of Right to Exemptions (CIV-530) — Alaska Court System. 2024-08. https://public.courts.alaska.gov/web/forms/docs/civ-530.pdf
- Claim of Exemption from Garnishment — Alaska Law Help. Accessed 2026. https://alaskalawhelp.org/resource/claim-of-exemption-from-garnishment
- Federal Wage Garnishments — U.S. Department of Labor. Accessed 2026. https://www.dol.gov/agencies/whd/wage-garnishment
- Sec. 09.38.035. Continuing lien on wages — Alaska Statutes (via Justia). 2011. https://law.justia.com/codes/alaska/2011/title09/chapter09-38/sec-09-38-035
- Alaska Garnishment Law Requirements — Payroll Training Center. Accessed 2026. https://www.payrolltrainingcenter.com/alaska-garnishment-laws
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