Wage garnishment can occur when a debtor ceases making payments to a creditor and the creditor obtains a judgment in court. Florida has a special exemption for individuals who hold head of household status that can protect income from garnishment. In order to take advantage of the exemption, a debtor must prove his head of household status in a Florida court.
Eligibility
An individual is the head of a household in Florida if he provides at least half of a dependent's income. This dependent may be a child or a spouse. When you receive a judgment against you and a wage garnishment notice, a head of household must file an affidavit with the court to protect his earnings.
Exemptions
A Florida head of household may not receive garnishment unless he approves the garnishment in writing. If he approves the garnishment, Social Security, pensions, workers' compensation, unemployment, insurance or disability payments still cannot receive garnishment. Only wages earned from an employer can be garnisheed.
Protection
Florida law does not require a debtor to have notice before his bank account receives garnishment. A head of household, however, receives protection from bank account garnishment for up to six months if the debtor approves the garnishment. After six months, a debtor may seize money from the bank account. If the debtor does not agree to the garnishment, the head of household's bank account is exempt from the debt collection process.
Garnishment
All income beneath $500 is exempt from wage garnishment automatically. Only income that exceeds the first $500 each week may receive wage garnishment. Only 25 percent of disposable income over $500 may receive garnishment. Disposable income is the remaining amount of wages after the employer deducts insurance and taxes. When a debtor owes back child support or taxes, he may be subject to additional wage garnishment for wages exceeding $500.
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