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How Much Money Can Be Taken Out of My Paycheck in Virginia? | Virginia Law Help

How Much Money Can Be Taken Out of My Paycheck in Virginia?

Read this in: Español

Reviewed by: Jay Speer, Sarah Morton, Dana Wiggins

If your wages are being garnished, it means a court has ordered your employer to take part of your paycheck to pay a debt you owe. This can feel alarming, but Virginia law limits how much can be taken. Creditors (the people or companies you owe money to) cannot take your whole paycheck.

Try to get free or low-cost legal help: 

  • Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.

  • You can also use the NACA (National Association of Consumer Advocates) lawyer Directory to find a lawyer. Under “area of practice,” select “bankruptcy” from the drop-down menu. Be sure to ask in advance if there is a charge for the initial consultation.

This article is about wage garnishment in Virginia. The rules are different in other states. If you live outside Virginia, you can find free legal help near you at LSC’s find-legal-aid tool.

How much can they actually take out of my paycheck? 

The law sets a minimum amount you are always allowed to keep. The creditor has to use whichever rule gives you more money.

  • Option 1: 40 times the minimum wage per week
  • Option 2: 75% of your take-home pay

In 2026, 40 times the minimum wage in Virginia equals about $510 per week.

Whichever option protects more of your money is the one that applies to you. This is true no matter how much you owe.

For example: If you earn $600 per week after taxes (your take-home pay):

  • Using Option 1, you keep 40 times minimum wage per week = about $510 with VA minimum wage
  • Using Option 2, you keep 75% of $600 = $450

Option 1 gives you more money ($510), so you can keep $510 and the creditor can only take $90 per week.

If you owe child support or back taxes, the rules are different. They can take more money than regular creditors.

Child support also gets special treatment. If you have multiple garnishments, child support "jumps the line." It gets paid before other creditors.

What is "take-home pay"?

Take-home pay is what you get after legally required deductions, like:

  • Federal income tax
  • State income tax
  • Social Security tax
  • Medicare tax

Deductions do NOT include:

  • Health insurance
  • Retirement contributions
  • Other voluntary deductions

Only the taxes that must be taken out count. Everything else is part of your take-home pay for garnishment purposes.

Can I increase my tax withholding? 

Yes. Some people increase how much tax is taken from their paycheck. This reduces their take-home pay on paper.

If your take-home pay is lower, the creditor can take less money. But this may be a short-term fix. You'll get that extra tax money back as a refund at the end of the year.

What if they're taking too much? 

First, talk to your employer's HR department. Bring your pay stub and the garnishment order. Show them how much they should be taking based on the rules. The court has a form you can print to show your employer the correct amount: DC-455 Garnishee Information.

If you're not comfortable talking to HR, or if they won't fix it, call legal aid. They can help you figure out the right amount and communicate with your employer.

You can also file papers with the court to fix the garnishment amount. This is called filing an exemption claim. Read more on how to file: Income Protected from Garnishment (Exemptions)

What if I have more than one garnishment? 

You can have more than one garnishment at the same time. But they have to take turns.

The first creditor gets paid until their garnishment ends. Then the next creditor's garnishment starts.

The exception is child support. Child support always goes first, even if another garnishment started earlier.

What can I do next? 

If the garnishment amount seems right: 

Keep copies of all your pay stubs. Watch to make sure the amount stays correct. The garnishment will end when the debt is paid off.

If they're taking too much: 

Talk to your employer's HR right away. If that doesn't work, contact legal aid for help. Don't wait! You can't get back money that's already been paid to the creditor, which will happen on the court date noted on the forms from the court.

If you can't afford food, rent, or utilities after garnishment: 

Check if your income is protected. You may qualify for an exemption. Contact legal aid to help you file the paperwork.  You also may want to consider filing for bankruptcy protection.

Where can I get free legal help? 

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