Florida wage garnishment exemption for head of household

[Tom]

 

 

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Florida wage garnishment exemption for head of household

via Law Fox by Tom Fox on 11/28/12

I recently wrote:

"The Federal Consumer Credit Protection Act of 1968, as amended in 1977, set national restrictions on wage garnishment, applicable in each of the 50 states. Some states have established greater restrictions, but none may allow lesser restrictions. So, the maximum amount that may be garnished from wages under Federal law is the maximum everywhere in the United States even though the individual states are allowed to provide a lower maximum, and many have done so. In other words, the states may be more debtor-friendly than the Federal law, but they cannot be less so." 

- What's the maximum amount of wage garnishment?

Florida's statutory wage garnishment exemption for the "Head of Family" is a good example of this.

According to Florida Statutes 222.11(1)(c), a Head of Family includes "any natural person who is providing more than one-half of the support for a child or other dependent." If a debtor qualifies as a Florida "Head of Family," then disposable earnings that are "less than or equal to $750 a week are exempt from attachment or garnishment." Florida Statutes 222.11(2)(a). This is a much greater exemption then allowed by Federal law.

 Weekly disposable earnings greater then $750 may be subject to wage garnishment for a Florida Head of Family if the debtor has previously agreed they not be exempt in writing, as provided in Florida Statutes 222.11(2)(b).

"Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must: 

"1. Be written in the same language as the contract or agreement to which the waiver relates; 

"2. Be contained in a separate document attached to the contract or agreement; and 

"3. Be in substantially the following form in at least 14-point type: 

"IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT." 

Florida Statutes 222.11(2)(b)

In summary, a Florida Head of Family can agree in writing to be subject to wage garnishment on the amount of weekly disposable income greater than $750, but the first $750 per week of disposable income is not subject to that waiver agreement. It is available as a wage garnishment exemption regardless.

The only problem is that the Florida Head of Family exemption is in no way automatic. It must be affirmatively claimed and proof offered.

 

 

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