Delaware: Wage Garnishment Limits
The short answer
Delaware protects more of a paycheck than federal law requires: 85% of wages is exempt, so an ordinary creditor can reach at most 15% of disposable earnings, and in practice even that 15% figure is further capped by comparing it against the amount of earnings above 30 times Delaware's minimum wage and using whichever is smaller. Only one wage attachment can run at a time; a second creditor has to wait in line until the first is paid in full. Child and spousal support enforcement is excluded from these limits entirely and gets its own, much larger reach.
| Governing law | 10 Del. C. § 4913 (the 85%/15% wage exemption, the one-attachment-at-a-time rule, and the definition of wages); 13 Del. C. § 513(a)(7) (child/spousal support attachments excluded from § 4913's limits) |
|---|---|
| Maximum that can be garnished | 85% of wages is exempt from attachment or execution process, meaning an ordinary judgment creditor can reach at most 15% of a debtor's wages (10 Del. C. § 4913(a)). In practice, Delaware's Justice of the Peace Courts apply a further check on top of the bare 15% figure: the court's own official wage-attachment worksheet directs computing BOTH 15% of disposable earnings AND the amount by which disposable earnings exceed 30 times Delaware's minimum hourly wage, then attaching whichever of the two figures is smaller — the same two-part shape as the federal test, but substituting Delaware's own 15% and its own (higher) minimum wage for the federal 25%/30x-federal-minimum-wage numbers. Only one wage attachment may run against a debtor's wages at a time (§ 4913(b)) |
| State rule vs. federal floor | More protective than the federal floor on the percentage prong (15% vs. the federal 25%), and Delaware's practice of also checking earnings against 30 times its OWN (higher) minimum wage — rather than only the lower federal minimum wage — makes the low-income floor more protective too. Delaware is not a bar state; a creditor can still reach 15% of earnings above the protected floor |
| Minimum-wage protected floor | 30 times Delaware's own minimum hourly wage, applied through the state courts' own two-part wage-attachment calculation (grounded in 10 Del. C. § 4913(a) together with 15 U.S.C. §§ 1673, 1677 and 29 U.S.C. § 206(a)) rather than a standalone number written into § 4913 itself. Because Delaware's minimum wage runs higher than the federal minimum wage, this floor protects more of a low-wage debtor's paycheck than the plain federal 30x-federal-minimum-wage test would |
| Support, tax & student loan debts | Child support, medical support, and unallocated alimony/child support attachments are excluded from § 4913's exemptions and limitations entirely (13 Del. C. § 513(a)(7)) — they are capped instead only by the federal Consumer Credit Protection Act support ceilings (15 U.S.C. § 1673(b): 50-65% depending on other dependents and arrears), and a support attachment has priority over any other attachment except a federal tax lien, regardless of which was perfected first. Section 4913(a) also expressly excludes process for the collection of a fine, costs, or taxes owed to the State from its 85% wage exemption. Federal student loan administrative wage garnishment runs through its own separate channel outside this chapter |
| Head-of-household/family exemption | None specific to the wage-attachment percentage itself. Delaware's separate head-of-family exemption (10 Del. C. § 4903) protects an ADDITIONAL $500 of other personal property selected by the debtor, on top of the general exemptions in § 4902 — but it doesn't add any extra cut to the 15%-of-wages figure in § 4913 |
| Multiple garnishments at once | Only one wage attachment may be made on a debtor's wages at a time (10 Del. C. § 4913(b)) — a genuinely stricter rule than a simple first-in-time priority list, since a second ordinary creditor cannot even attach wages while a first attachment is pending. The creditor who obtained the existing attachment 'shall have the benefit of priority until the judgment with costs for which the attachment was made has been paid in full.' Child and spousal support attachments are the one exception: they outrank any other attachment (except a federal tax lien) regardless of which was perfected first (13 Del. C. § 513(a)(7)) |
| Protection from being fired | No Delaware statute specific to ordinary wage attachment protecting against discharge was found — only the federal floor (15 U.S.C. § 1674, barring discharge for a first garnishment on one debt) applies |
Compare this rule across all 50 states + DC →
The short answer
Delaware protects more of a paycheck than federal law requires. Its statute
exempts 85% of wages from attachment outright, so an ordinary creditor can
reach at most 15%. In practice, Delaware's own courts don't stop there: the
Justice of the Peace Courts' official worksheet also checks that 15% figure
against how much of your pay sits above 30 times Delaware's minimum wage,
and attaches whichever of the two numbers is smaller — so very low earners
can end up with nothing attachable at all. Only one creditor can attach
wages at a time; anyone else has to wait until the first attachment is paid
off. Child support works completely differently and isn't limited by any of
this.
Requirements one by one
Governing law
The core wage exemption, the one-attachment-at-a-time rule, and the
definition of "wages" are all in 10 Del. C. § 4913. Support enforcement is
carved out of those limits by a separate statute, 13 Del. C. § 513(a)(7).
Maximum garnishment amount
Section 4913(a) exempts 85% of wages from attachment, leaving 15% as the
most an ordinary creditor can reach. Delaware's Justice of the Peace Courts
apply that 15% figure through an official worksheet that also subtracts an
amount equal to 30 times Delaware's minimum hourly wage from disposable
earnings, then attaches whichever of the two resulting numbers — 15% of
disposable earnings, or earnings above that 30x-minimum-wage floor — is
smaller. That's the same two-part shape as the federal test, just built
around Delaware's own 15% and its own (higher) minimum wage. Only one
attachment can be in effect against a debtor's wages at any time.
Federal floor comparison
More protective than federal law on both fronts: a 15% cap instead of 25%,
and a minimum-wage floor pegged to Delaware's own (higher) minimum wage
rather than the lower federal one. Delaware isn't a bar state — a creditor
can still reach 15% of earnings above the protected floor.
Minimum wage protection floor
30 times Delaware's own minimum hourly wage, applied through the courts'
own wage-attachment calculation rather than spelled out as a number in
§ 4913 itself. Because Delaware's minimum wage is higher than the federal
minimum wage, this protects more of a low-wage worker's paycheck than the
plain federal 30x-federal-minimum-wage test would.
Priority debt exceptions
Child support, medical support, and combined alimony/child support
enforcement are excluded from § 4913's exemptions and limits altogether
(13 Del. C. § 513(a)(7)); instead they're capped only by the federal CCPA
support ceilings (50-65% of disposable earnings, depending on other
dependents and arrears), and a support attachment beats any other
attachment except a federal tax lien, no matter which was perfected first.
Section 4913(a) itself also carves out process to collect a fine, costs, or
taxes owed the State from the 85% wage exemption. Federal student loan wage
garnishment runs through its own separate channel.
Head-of-household exemption
Nothing specific to the wage-attachment percentage. Delaware's head-of-
family exemption (§ 4903) is a separate $500 exemption for OTHER personal
property the debtor selects, on top of the general exemption list — it
doesn't add any extra cut to the 15%-of-wages figure.
Multiple garnishments priority
Delaware goes further than a simple first-in-time list: "on any amount of
wages due, only 1 attachment may be made" (§ 4913(b)), so a second ordinary
creditor can't even attach wages while a first attachment is running. The
creditor with the existing attachment keeps priority until their judgment
and costs are paid in full. The one exception is support: a child or
spousal support attachment automatically outranks any other attachment
(except a federal tax lien), regardless of timing.
Employee termination protection
No Delaware statute specific to ordinary wage attachment was found
protecting against discharge — only the federal floor applies (15 U.S.C.
§ 1674, barring discharge for a first garnishment on one debt).
What trips people up
Don't stop at the bare "15%" number from the statute — Delaware's own
courts run a second check against 30 times the state minimum wage, and for
someone earning close to minimum wage, that second check can mean nothing
is attachable at all even though the statute technically allows 15%. Also
don't assume a new creditor can simply add a second garnishment on top of
an existing one: Delaware allows only one wage attachment at a time, so a
later creditor has to wait.
Common questions
Is 15% always what gets taken from my paycheck?
Not necessarily. Delaware's courts also compare that 15% figure against how
much you earn above 30 times the state minimum wage and use whichever
number is smaller — so low earners may have less (or nothing) taken.
Can two creditors garnish my wages at the same time?
No. Delaware allows only one wage attachment at a time; a second creditor
has to wait until the first is paid off in full before their own attachment
can take effect.
Does child support follow the same 15% rule?
No. Child and spousal support enforcement is excluded from the ordinary
85%/15% exemption entirely and follows the federal support percentages
(50-65%) instead, with priority over any other attachment except a federal
tax lien.
Statutes and sources
- 10 Del. C. § 4913 — https://delcode.delaware.gov/title10/c049/sc01/index.html (accessed 2026-07-05)
- 13 Del. C. § 513 — https://delcode.delaware.gov/title13/c005/sc02/index.html (accessed 2026-07-05)
- Delaware Justice of the Peace Court, J.P. Civil Form No. 34 (wage-attachment calculation chart) — https://courts.delaware.gov/Forms/Download.aspx?id=5168 (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.