Some people have sent me emails asking how they can assert an exemption of their salary on the basis that they are head of household. Usually, these questions are sent by debtors owe money for general consumer debts such as credit cards or car repossessions.
A divorced man has two children. One child is a financially independent adult. The other child, a minor, lives with his ex-wife. The man lives alone. The man pay child support to the ex-wife. The child support covers most of the minor child’s living and education expenses. The ex-wife works and supports herself. The man …
Wages of a head of household cannot be garnished in Florida pursuant to a Florida statute. A caller stated that he agreed to sign a non-compete agreement with his current employer, and that under the agreement the employer was paying him an amount monthly in consideration for the non-compete.
Can a Florida debtor claim head of household for support of same sex partner?
Previous blog entries have discussed issues concerning wage exemption from garnishment for single owner businessmen or professionals. In short, there are cases in Florida that say that creditors can garnish wages paid to a person who is the sole owner of his employer.
The Florida Statutes protect a person who is head of household from wage garnishment. The amount of wages protected is unlimited. A person is head of household if he provides more than 50% of the support of another person.
Florida Statute 222.11 protects from garnishment salary of unlimited amounts earned by a head of family. The statute defines a “head of family” as someone who provides more than 50% of the support for a child or other dependent.
A lady contacted me about with a question about a wage garnishment of her paycheck by the federal government because of defaulted student loan. The caller said the government told her they could garnish 10% of her take home pay even though she supported a child, and that Florida Statute 222.11, which exempts from garnishment …
Florida Statute 222.11 exempts for creditors salary and other compensation for personal services paid to the head of household of a Florida family. Many closely held businesses and self employed persons confuse the asset protection of this statute.