§ 706.051.Exemption of Amount Necessary For Support of Debtor Or Debtor's Family
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 3. Restrictions on Earnings Withholding · Last amended 2012 · Last verified July 28, 2026
Full Text of § 706.051
Plain-English Summary
This is the general "necessary for support" exemption that runs alongside the flat percentage cap in § 706.050. Where § 706.050 protects a fixed slice of every paycheck regardless of need, § 706.051 lets a debtor go further and claim additional wages are exempt by showing they're needed to support the debtor or the debtor's family — including a spouse or former spouse the debtor is helping to support, which subdivision (a) specifically folds into the definition of "family."
That protection isn't universal. Subdivision (c) carves out four situations where the support exemption doesn't apply: debts for attorney's fees ordered under the Family Code's marital-dissolution fee-shifting provisions, debts owed to an employee or former employee for personal services, withholding orders that are themselves for support (since § 706.052 already sets the rules for those), and orders issued under the separate state-tax withholding track in Article 4. A debtor facing one of those four kinds of debt can't use § 706.051 to shield more of a paycheck than § 706.050 already protects.
In practice, this exemption gets invoked through the claim-of-exemption procedure in § 706.105, which lets a debtor ask the court to look past the flat percentage formula and protect a larger share of earnings based on actual financial need.
Frequently Asked Questions
What does the § 706.051 support exemption add beyond the standard wage garnishment cap?
It lets a judgment debtor claim that wages beyond the flat percentage already protected by § 706.050 are still exempt, by proving those additional wages are necessary to support the debtor or the debtor's family.
Does the § 706.051 exemption count a spouse as part of the debtor's family?
Yes. Subdivision (a) defines "family of the judgment debtor" to include the debtor's spouse or former spouse for purposes of this exemption.
When does the § 706.051 support exemption NOT apply?
How does a debtor claim this exemption?
Through the claim-of-exemption procedure set out in § 706.105, which lets the debtor ask the court to protect wages beyond the standard percentage based on proven financial need.
Amendment History
Amended by Stats 2011 ch 694 (AB 1388),s 1, eff. 1/1/2012.