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Art. 1409 Judicial Code · indexed brackets, €88 per dependent child (2026)
Updated July 2026

📉 How much can wage garnishment take?

With conditions
Quick answer

Wage garnishment can take only part of your net pay — a base amount is always protected, and an extra amount stays protected per dependent child. The limits are in article 1409 of the Judicial Code and are indexed every year. For 2026 (on your net monthly earnings from work): up to €1,419 nothing is seizable; from €1,419.01 to €1,524, 20% can be withheld; from €1,524.01 to €1,682, 30%; from €1,682.01 to €1,839, 40%; and everything above €1,839 is fully seizable. If you have dependent children, the seizable amount is reduced by €88 per child. Important exception: for maintenance (alimony) these protection limits do not apply — your pay can then be withheld in full. Certain income is fully protected, such as child benefit and the welfare centre's living wage.

📋 The rules

  • Limits in art. 1409 Judicial Code, indexed each year (2026: Royal Decree of 3 December 2025)
  • 2026 (net pay/month): up to €1,419 = 0%; €1,419–1,524 = 20%; €1,524–1,682 = 30%; €1,682–1,839 = 40%; above €1,839 = 100%
  • Per dependent child: the seizable amount drops by €88 (2026)
  • Calculated on net pay (after social contributions and withholding tax)
  • Maintenance (alimony): no protection — 100% seizable (art. 1412)
  • Fully protected: child benefit, disability allowances and the living wage (art. 1410 §2)

🔓 Exceptions

  • Replacement income (e.g. unemployment benefit) follows the same brackets, with a slightly different split
  • For maintenance claims and a collection order for an (ex-)partner, the protection falls away
  • Child benefit, disability allowances and the living wage are fully exempt from garnishment (art. 1410 §2) — for ordinary creditors too

⚠️ Penalties & fines

This is not a fine but a withholding: the bailiff levies the garnishment and your employer must pass on part of your net pay every month. The shock tends to come from two things. One: everything above €1,839 net is garnishable in full, so earning a little more means losing the entire surplus. Two: for maintenance the protection limits do not apply at all. If your employer withholds too much, or forgets the €88 reduction per dependent child, you can contest it before the justice of the peace or the seizure judge.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

How much of my pay can be garnished?

On your net monthly income for 2026: nothing up to €1,419, then 20% to €1,524, 30% to €1,682, 40% to €1,839, and everything above that in full. Per dependent child, another €88 stays protected on top.

Is garnishment different for maintenance?

Yes. For maintenance the protection limits do not apply: your pay can then be withheld in full (art. 1412). Only the living wage and a few protected benefits stay out of reach even then.

Can my living wage or child benefit be garnished?

No. Child benefit, disability allowances and the welfare centre's living wage are fully protected against garnishment (art. 1410 §2), no matter how large the debt is.

Does the protection also cover a benefit?

Yes. Replacement income such as unemployment benefit follows the same threshold amounts, with a slightly different split. Your benefit is not exempt, then, but it is protected just like wages.

On what amount is garnishment calculated?

On your net pay, so after deduction of social contributions and withholding tax — not on your gross pay. The thresholds are also indexed each year, so always check the figure for the current year.

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