Delaware Garnishment laws & HR compliance analysis

Delaware Garnishment: What you need to know

A garnishment is an order of a court to an employer (the garnishee) to withhold a sum of money from an employee's earnings for payment of a debt. The state of Delaware draws a distinction between garnishments for support obligations and those for other debts.
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There are numerous state and federal laws pertaining to garnishment. Where state laws are more restrictive than federal law (i.e., by protecting a greater amount of salary from garnishment), then state laws will govern.
Delaware law sets limits on the amount of disposable earnings that may be garnished. Disposable earnings is the amount remaining after taxes and other legal deductions.
Garnishment vs. assignment of wages. Garnishment and assignment of wages are both methods of deducting money from an employee's salary to repay his or her debts. Garnishment is an involuntary procedure that is usually conducted when an employee has not paid his or her debts voluntarily. Assignment of wages can be either voluntary or involuntary. There is additional information and details on voluntary assignment of wages.
Wage withholding. When an employer is ordered to collect child support through wage withholding, a notice (“Notice to Withhold Income for Child Support”) will be sent to the employer. The reverse side of that notice provides information for the employer, such as the consumer credit protection limit, what to do when duplicate wage attachments are issued, and what to do when an employee does not earn enough to meet the child support obligation.
Employers must withhold child support payments from the employee's pay and transmit these payments to the Division of Child Support within 7 days after the noncustodial parent would have been paid. The ...

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