Wage Garnishment in Delaware

Delaware: 15% Cap Protecting 85% of Wages

Delaware provides one of the strongest percentage-based garnishment protections in the country. Under Del. Code Ann. tit. 10, § 4913, only 15% of disposable earnings can be garnished for consumer debts — compared to the 25% allowed under the federal baseline. This means Delaware workers keep at least 85% of their take-home pay, regardless of income level.

The Delaware Formula

Delaware’s formula is straightforward: the maximum garnishable amount is 15% of disposable earnings, with the standard 30× federal minimum wage floor ($217.50/week). The 15% cap is the binding limit for most workers earning above the protected floor:

• Worker earning $600/week disposable: 15% cap = $90 garnishable (vs. $150 under federal 25%)
• Worker earning $800/week disposable: 15% cap = $120 garnishable (vs. $200 under federal 25%)

Minimum Wage Advantage

Delaware’s $15.00 state minimum wage provides a strong earnings floor. A full-time minimum-wage worker earns about $600/week, with at most $90 garnishable under the 15% cap. Combined, the high minimum wage and low garnishment cap create substantial protection — minimum-wage workers in Delaware keep approximately $510/week even when facing maximum garnishment.

Regional Comparison

Within the Mid-Atlantic, Delaware’s 15% cap places it between the most protective states and the federal-default states. Pennsylvania bans most garnishment entirely. New Jersey offers a 10% cap for workers under 250% of the poverty level. Maryland follows the bare federal baseline. Delaware’s 15% cap makes it more protective than Maryland but less so than New Jersey or New York for lower-income workers.

Distinction from Massachusetts

While Massachusetts also effectively has a 15% limit, Massachusetts calculates it from gross wages, while Delaware uses disposable earnings. The Massachusetts approach is slightly more protective because gross wages are always higher than disposable earnings, meaning the 15% is applied to a larger denominator.

Statute: Del. Code Ann. tit. 10, § 4913; 15 U.S.C. § 1673 — Official source

This calculator is for consumer debt garnishment only. Not legal advice. Rules vary by debt type (student loans, child support, taxes). Verify with official sources before making any financial or legal decisions.