Virginia · wage garnishment
Virginia wage garnishment: 25%, or 40 times the minimum wage.
Virginia's limit is the lesser of 25% of weekly disposable earnings or the amount they exceed 40 times the greater of the federal or Virginia minimum wage. Virginia's minimum wage is $12.77 in 2026 and $13.75 in 2027, so the protected amount is $510.80 a week in 2026 and $550.00 a week in 2027, well above the federal $217.50. Source: Va. Code 34-29 and 40.1-28.10, read November 1, 2026.
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The short answer
Virginia's limit is the lesser of 25% of weekly disposable earnings or the amount they exceed 40 times the greater of the federal or Virginia minimum wage. Virginia's minimum wage is $12.77 in 2026 and $13.75 in 2027, so the protected amount is $510.80 a week in 2026 and $550.00 a week in 2027, well above the federal $217.50. Source: Va. Code 34-29 and 40.1-28.10, read November 1, 2026.
What the statute says
Va. Code 34-29(A) says the maximum part of aggregate disposable earnings for any workweek that may be garnished is the lesser of (1) 25 percent of disposable earnings for that week, or (2) the amount by which disposable earnings exceed 40 times the federal minimum hourly wage under 29 U.S.C. 206(a)(1) or the Virginia minimum hourly wage under 40.1-28.10, whichever is greater, in effect when the earnings are payable. For pay periods other than a week, the State Commissioner of Labor and Industry sets the equivalent multiple by regulation.
Va. Code 40.1-28.10 sets the Virginia minimum wage: the greater of $12.77 or the federal minimum for January 1, 2026 to January 1, 2027, $13.75 for 2027, $15.00 for 2028, and an inflation-adjusted amount from 2029. Because the garnishment floor is 40 times the wage, it moves with each of those steps.
Subsection B lists what the 25% limit does not cover: support orders issued by a court or under a qualifying administrative procedure, Chapter XIII bankruptcy orders, and tax debts. Subsection C caps support garnishment at 60% of disposable earnings, or 50% if you support another spouse or dependent child, rising to 65% and 55% for support more than 12 weeks old.
The July 1, 2027 version
The statute shows two versions with different effective dates. The version in force until July 1, 2027 exempts debts "due for any state or federal tax" from the 25% limit in subsection B(3). The version effective July 1, 2027 reads "any federal tax" in that subsection. Nothing in the ordinary-debt formula changes between them.
How this calculator applies it
Because the regulation that sets the multiple for longer pay periods was not part of the statute text, this page converts weekly figures using the federal workweek counts in 29 CFR 870.10 (2 for biweekly, 13/6 twice a month, 13/3 monthly). Choose the calendar year in which the earnings are payable.
Worked example
Gross pay $1,000.00 weekly, required deductions $200.00, earnings payable in 2026: disposable earnings $800.00. VA rule allows $200.00, the federal cap allows $200.00, so the most that can be garnished is $200.00 and $600.00 stays in the paycheck.
More examples (same engine as the calculator)
| Case | Pay | Disposable | VA rule | Federal cap | Most garnishable |
|---|---|---|---|---|---|
| earnings payable in 2026 | $1,000.00 gross, $200.00 deductions, weekly | $800.00 | $200.00 | $200.00 | $200.00 |
| lower weekly pay, 2026 | $800.00 gross, $150.00 deductions, weekly | $650.00 | $139.20 | $162.50 | $139.20 |
| same pay in 2027 after the minimum wage rises to $13.75 | $800.00 gross, $150.00 deductions, weekly | $650.00 | $100.00 | $162.50 | $100.00 |
| higher biweekly pay, where 25% binds | $3,600.00 gross, $800.00 deductions, every two weeks | $2,800.00 | $700.00 | $700.00 | $700.00 |
How it compares with the federal limit
Federal law (15 USC 1673(a)) caps garnishment for ordinary debts at the lesser of 25% of weekly disposable earnings or the amount by which they exceed 30 times the federal minimum wage of $7.25, which protects $217.50 a week. A state may protect more, never less. When both apply, the lower amount controls, and the calculator shows both. See the federal wage garnishment limit calculator for support orders and for Texas, Pennsylvania and South Carolina, or the state comparison table.
What this page does not cover
Support orders (Va. Code 34-29(C) and federal 15 USC 1673(b)), Chapter XIII bankruptcy orders, tax debts, and the Commissioner's regulation on longer pay periods. Tax levies, defaulted federal student loans and bankruptcy orders follow their own rules. Court costs, exemptions you must claim yourself, and the procedure for objecting are decided by the court that issued the judgment.
Frequently asked questions
What percent of wages can be garnished in Virginia?
The lesser of 25% of weekly disposable earnings or the amount over 40 times the greater of the federal or Virginia minimum wage (Va. Code 34-29(A)).
How much of my weekly pay is protected in Virginia in 2026?
40 x $12.77 = $510.80 a week of disposable earnings, because the Virginia minimum wage of $12.77 is greater than the federal $7.25 (Va. Code 40.1-28.10(B)).
What changes in 2027?
The Virginia minimum wage becomes $13.75 on January 1, 2027, so the protected amount becomes 40 x $13.75 = $550.00 a week (40.1-28.10(C)).
Does the 25% cap apply to child support?
No. Subsection B exempts support orders; subsection C allows up to 60% (50% if you support another spouse or dependent child), or 65% (55%) for support more than 12 weeks old.
Is a tax debt covered by the cap?
No. Debts due for state or federal tax are outside subsection A until July 1, 2027; the later version names federal tax only.
Sources
Statute text and agency pages read November 1, 2026. Statutes are amended; check the current version before relying on a figure.
- Va. Code 34-29, Maximum portion of disposable earnings subject to garnishment (Virginia LIS): The 25% / 40-times-minimum-wage formula, exceptions, support limits and the 2027 version.
- Va. Code 40.1-28.10, Minimum wages (Virginia LIS): Virginia minimum wage of $12.77 (2026), $13.75 (2027) and $15.00 (2028).
- 15 USC 1673 (Cornell LII): The federal 25% / 30-times-minimum-wage cap and the support-order percentages.
- 29 CFR 870.10 (Cornell LII): How the weekly formula converts to longer pay periods.
Not legal advice
This page is general information, not legal or financial advice. A garnishment order, your facts and later law changes can differ from the formulas shown. Confirm with the court, a legal aid office or a lawyer before you act. Everything runs in your browser; nothing you enter is sent anywhere.