The Limitations on the Head of Household Wage Garnishments in Florida
While keeping up with your debts may seem impossible, ignoring them could leave you facing a wage garnishment order. Wage garnishment is a federally approved method for creditors to recover debts from uncooperative consumers. Each state has its own specific laws regulating and restricting wage garnishments. In Florida, for example, creditors cannot garnish the wages of anyone who is the head of the household. There are, however, limitations to Florida’s head of household exemption.
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Head of Household
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In order to qualify as head of household, you must prove to the court that you provide more than half of the support for a legal dependent. After you file your head of household exemption with the court, creditors that obtain a judgment against you lose the right to use wage garnishment as a collection tool when recovering the judgment.
The goal of Florida’s head of household garnishment exemption is to protect your dependents. If you can no longer support your dependents because you are losing your wages to garnishment, your family may require public assistance to survive. By protecting you and your dependents, the state reduces the chance that your family will require public assistance and become a financial burden on the state government.
Claiming the Exemption
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One limitation Florida residents may face is the fact that state law only permits one individual per household to claim head of household status. Thus, two spouses cannot claim the head of household exemption simultaneously. If the debt in question is a joint debt, both you and your spouse are equally liable for payment. Because only one of you can claim the exemption, the creditor has the right to garnish the remaining spouse’s wages for the debt.
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Time Frame
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Florida’s head of household exemption not only protects wages before you earn them, but also provides protection after you deposit the money into your bank account. This protection is not permanent, however, and a creditor may levy your wages from your bank account six months after obtaining its judgment against you. With few exceptions, federal benefits, child support and state benefits, such as unemployment compensation, are permanently exempt from garnishment and levy.
Types of Debt
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Florida’s head of household exemption protects your wages from commercial creditors only, such as credit card companies. If you owe a debt to a federal agency, that federal agency may garnish your wages regardless of whether you qualify for the head of household exemption. Florida law specifies that a federal agency can only garnish 15 percent of your wages. The state also protects you from garnishment by a federal agency if you have held your current job for less than one year.
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