Delaware Wage Garnishment Rules

Delaware provides robust safeguards for employees facing wage garnishment, limiting most creditor claims to just 15% of disposable earnings—below the federal maximum of 25%. This protection helps maintain financial stability amid debt collection efforts.

Understanding Wage Garnishment Basics

Wage garnishment occurs when a court mandates an employer to divert a portion of an employee’s paycheck directly to a creditor. Disposable earnings, the foundation for calculations, represent gross pay minus mandatory deductions like federal taxes and Social Security.

Unlike general creditors requiring judgments, certain obligations bypass this step. Government debts such as federal taxes or student loans trigger automatic withholding. Private debts typically demand a lawsuit victory first.

Key Limits on General Creditor Garnishments

Delaware law strictly caps non-priority garnishments at

15%

of disposable weekly earnings, ensuring 85% remains untouched. This threshold prevails over federal allowances, which permit up to 25% or earnings exceeding 30 times the federal minimum wage (currently $7.25/hour, or $217.50 weekly).

Type of Debt	Delaware Limit	Federal Limit
General Creditors (Judgment)	15% of disposable earnings	25% or excess over 30x min. wage
Child Support (Supporting Others)	Up to 50-60%	50-60% +5% arrears
Federal Taxes/Student Loans	No judgment needed, varies	Higher priority limits

Only one active garnishment per employee is permitted under state rules, blocking sequential claims until resolution.

Special Rules for Child Support and Family Obligations

Child support garnishments follow federal guidelines with automatic withholding in all orders since 1988. Limits reach

50%

of disposable earnings if supporting a spouse or other child, escalating to

60%

otherwise, plus 5% for arrears over 12 weeks. A floor protects earnings equivalent to 30 times the minimum wage weekly.

• Current support: Higher withholding if delinquent.
• Court-ordered: Employer receives direct notice.
• Protections: Cannot terminate employment for single order.

Government Debt Collection Methods

The Delaware Division of Revenue employs garnishment for unpaid taxes, targeting wages, commissions, insurance values, and more without initial judgments. Federal agencies handle student loans and taxes similarly, often at elevated rates.

State fines or local levies join this category, but general employer withholdings stay at 15% except for specified exceptions.

The Step-by-Step Garnishment Process

1. Creditor Wins Judgment: Court rules in favor of plaintiff.
2. Form Submission: Plaintiff files Civil Form No. 17 with employer’s details.
3. Employer Notification: Receives order; must respond within 20 days on employment status and pay rate.
4. Employee Alert: Debtor notified of withholding start.
5. Ongoing Deductions: Continues until debt cleared, unless challenged.

Employers verify garnishment eligibility; low disposable income may exempt all wages via Civil Form 34.

Employee Protections Against Job Loss

Federal law shields workers from dismissal over a single garnishment. Delaware bolsters this: Employers cannot fire employees summoned in garnishment proceedings. Multiple orders lack similar safeguards federally.

Self-employed individuals enjoy full exemption from wage garnishment.

Exemptions and Protected Income Sources

Delaware exemptions shield specific funds:

• Retirement Payments: All plans, annuities, life insurance proceeds fully exempt.
• Bank Accounts: Banned from garnishment except employer wages at financial institutions.
• Minimum Threshold: Earnings below legal limits untouchable.

To claim, file promptly with the court; hearings may adjust or halt orders.

Strategies to Halt or Reduce Garnishment

Act swiftly upon notice:

• File Exemption Claim: Use state forms asserting protections.
• Negotiate Settlement: Pay lump sum or agreement to withdraw order.
• Bankruptcy Filing: Triggers automatic stay, pausing collections.
• Debt Dispute: Challenge judgment validity if errors exist.

Courts stay executions pending reviews, especially future payments.

Employer Responsibilities and Penalties

Employers must comply accurately:

• Withhold exact amounts.
• Report non-employment or exemptions.
• Face liability for errors.

One garnishment rule prevents overload; new claims queue.

Frequently Asked Questions

What is the maximum wage garnishment in Delaware for credit card debt?

Creditors can take up to 15% of disposable earnings after a judgment.

Can child support garnishment exceed 15% in Delaware?

Yes, up to 50-65% based on support status and arrears per federal rules.

Does Delaware protect bank accounts from garnishment?

Yes, banks are exempt except for internal employee wages.

Can my employer fire me for wage garnishment?

No, for a single order or court summons under state and federal law.

How do I stop a garnishment order?

File an exemption, settle the debt, or consider bankruptcy immediately.

Recent Developments and Advice

As of 2026, Delaware maintains its debtor-friendly stance, with no major changes to the 15% cap. Consult legal aid for personalized guidance, especially amid rising debt pressures. Proactive settlement often averts court entirely.