Wage Garnishment / New Mexico / Calculator

New Mexico Wage Garnishment Calculator

Written by Ben Tejes
Updated Sep 20th, 2022

You may have received a garnishment notice from your employer and wonder whether a wage garnishment calculator can help you estimate how much you will be garnished in New Mexico. 

Wage garnishment in New Mexico is different from many other states, so how much will you be garnished?

Below is the New Mexico wage garnishment that estimates how much you may be garnished. You can also compare 3 different options, how to stop wage garnishment, and the cost of those options. The calculator is free and does not even require an email address unless you’d like a free review of the data. Please note that this New Mexico garnishment calculator is an estimate based on the laws below and may be different from the actual garnishment amount.

How Wage Garnishment in New Mexico is Calculated

There are some states that do not allow wage garnishment, so those would not be in the calculator. Here are the specific New Mexico wage garnishment laws that are factored into the NM wage garnishment calculator above.

"The Garnishee can pay the Creditor up to 25% of the Debtor’s disposable earnings as long as the Debtor receives at least 40 times the hourly federal minimum wage per week."

Please note that garnishment laws may change from time to time.

Would the Garnishment Calculator Results be the Same in Albuquerque as Rio Rancho?

Let’s say that Albuquerque has a higher minimum wage than Rio Rancho or even that of New Mexico. For example, New Mexico minimum wage is $11.50. Could the calculation be different?

Many states take into consideration the federal minimum wage, and some states such as Maine may take into consideration state minimum wage, but that doesn’t mean the New Mexico wage garnishment calculator would be different.

How Do Employers Calculate Wage Garnishment in New Mexico?

Employers in New Mexico may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use.

Understanding New Mexico Higher Order Priority in the Calculation 

First, the creditor requests a writ of execution from the New Mexico court. Check an example New Mexico writ of execution. Next, the court attaches an earnings withholdings to the write, which authorizes your employer to hold back money from your earnings.

Let’s say you have multiple earning withholding orders in New Mexico that could include child support or alimony. Here’s the specific priority for the garnishment calculation in New Mexico:

  1. Wage and Earnings Assignment Order for Support
  2. Earnings Withholding for Support
  3. Earnings Withholding for Taxes
  4. Earnings Withholding for Elder or Dependent Adult Financial Abuse
  5. Earnings Withholding Order
Please note that some states such as Texas, Pennsylvania, North Carolina and South Carolina do not have wage garnishment orders for unpaid debt judgments.

Now that we understand how the wage garnishment calculator works, let’s talk about how to stop wage garnishment in New Mexico.

Options to Stop Wage Garnishment in New Mexico

There are a few options that you can pursue to potentially stop a wage garnishment. The wage garnishment calculator provides the option to compare your different options to stop a garnishment.

File an Objection or Exemption

First, you can try to object to the wage garnishment. When you receive your garnishment documents, you can find instructions on how to object to the garnishment including filing deadlines. If not, you can reach out to the clerk of the court or contact a lawyer to help.

You may also attempt to claim an exemption to the garnishment in some states as well.

In New Mexico, you’d file this garnishment exemption form to request an exemption from your garnishment. Please note that this may be difficult to receive.

If you are judgement proof by just having social security income, check out our sample letter to stop wage garnishment.

File For Bankruptcy

Filing for bankruptcy in New Mexico may eliminate a wage garnishment a judgment related to unpaid debt, especially in those instances when individuals are already living paycheck to paycheck. There are two common consumer bankruptcies to consider.

Chapter 7 Bankruptcy

A Chapter 7 bankruptcy in New Mexico is the most affordable and most common bankruptcy in the United States. It is also the fastest, but you could lose assets if the equity that you own in that assets is about the New Mexico bankruptcy exemptions.

You also may have to qualify via the New Mexico bankruptcy means test. Below are the New Mexico median income guidelines for bankruptcy cases filed on or after May 15, 2022. Please note you would add an additional $9,900 for household sizes greater than 9.

# of PeopleAnnual Income
1$49,757
2$60,728
3$66,183
4$70,316
5$80,216
6$90,116
7$100,016
8$109,916
9$119,816

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy in New Mexico is a payment plan based bankruptcy. It often lasts 3 or 5 years, and you can often protect your assets in bankruptcy even if they are above the exemption. You may consider a Chapter 13 bankruptcy if some of the payments from the wage garnishment would not be discharged in a Chapter 7 bankruptcy.

If you are considering a Chapter 13 bankruptcy in New Mexico, you may also want to compare that option to debt settlement. While you don’t have creditor protection in debt settlement, this option can sometimes be cheaper and faster than a Chapter 13 bankruptcy.

How much does it cost to file bankruptcy in New Mexico?

You may have taken the wage garnishment calculator and see that it would take out too much of your pay, but now you are wondering whether you could even afford bankruptcy. Thankfully, most attorneys take payment plans for the attorney fees. Some attorneys take most of the Chapter 13 bankruptcy payments in the plan.

While the cost to file bankruptcy in New Mexico is less expensive for the Chapter 13 ($313 vs $338), the attorney fees may be triple what you would pay for a Chapter 7 bankruptcy.

Please note that the filing fees can be waived if your income is below certain poverty thresholds. Here’s the New Mexico poverty thresholds below.

# of People150% Poverty Guideline
1$13,590
2$18,310
3$23,030
4$27,750
5$32,470
6$37,190
7$41,910
8$46,630
9$51,350
* Add $4,720 for each individual in excess of 9.

Negotiate a Settlement

You may attempt to negotiate a settlement if it’s an unpaid debt. That said, the creditor has the upper hand generally in this position, so you may not get a major discount from the owed debt. Realistically, you may not be able to negotiate a settlement or backpay for support such as spousal or child support.

What Should You Do?

One question to consider is whether you can afford the amount being taken from your paycheck and understand the duration of how much will be taken.

For example, let’s say you live in Albuquerque or Las Cruces and are dealing with rental inflation, gas, and food. Let’s say you aren’t able to afford the garnishment. In that case, someone may consider an option such as bankruptcy.

If you are able to afford the garnishment, others may allow it to run its course or try to negotiate. Regardless, you can take the wage garnishment calculator for New Mexico to inform your decision.