Skip to content
Alper Law
  • Home
  • Learn MoreExpand
    • Asset ProtectionExpand
      • Asset Protection Guide
      • Annuities
      • Asset Protection Trust
      • Bank Account Protection
      • Car Accidents
      • Divorce
      • Doctors
      • Equity Stripping
      • Exemptions
      • Florida Residency
      • Fraudulent Transfers
      • Homestead Law
      • How Attorneys Help
      • Strategies
      • Tenants By Entireties
      • UTMA Accounts
    • Business PlanningExpand
      • Business Entities
      • LLCs
      • LLC Operating Agreement
      • Real Estate Investors
    • Offshore PlanningExpand
      • Nevis LLC
      • Offshore Bank Accounts
      • Offshore Planning
      • Offshore Trusts
    • Judgment CollectionExpand
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and TrustsExpand
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • BankruptcyExpand
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
      • Student Loans
    • Real EstateExpand
      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
      • Warranty Deed
    • AdoptionExpand
      • Adult Adoption
      • Grandparent and Relative Adoption
      • Private Adoption
      • Readoption
      • Same-Sex Couples
      • Stepparent Adoption
  • Blog
  • AttorneysExpand
    • Gideon Alper
    • Jon Alper
Phone 407-444-0404
Contact Us
Book Your Consultation (Phone or Zoom)
Search
Book Your Phone or Zoom Consultation
Florida asset protection, garnishment, estate planning, and adoption law firm — Alper Law
Phone 407-444-0404

Home » Garnishment » Does Dependent Adult Child Support Head of Household Garnishment Exemption

Does Dependent Adult Child Support Head of Household Garnishment Exemption

ByJon Alper December 7, 2015June 23, 2022

An attorney called me about one of their clients who is being forced to file Chapter 7 bankruptcy because his wages were garnished. The attorney said that the client supported an adult child living at home. The attorney asked whether the judge properly denied the debtor’s head of household wage exemption and whether wages held in the debtor’s bank account would be part of the bankruptcy estate. The debtor had represented himself in a state court hearing on the exemption and garnishment.

This debtor should be entitled to a wage garnishment exemption if he supports his child regardless of whether the child is an adult or minor. The Florida Supreme Court has ruled that the wage exemption statute is liberally construed in the debtor’s favor. The statute defines a head of household as anyone who provides more than one-half of the support of a “child.” The Supreme Court pointed out that the statute does not restrict or define the age of a child, nor does the statute refer to a minor in lieu of a child.

This attorney’s client probably was unable to cite the important Supreme Court decisions when he attempted to represent himself in court. This client will pay more to file bankruptcy than they would have paid to have an attorney accompany them to the garnishment hearing.

Last updated on June 23, 2022

People also read about…

  • Florida Asset Protection: a Guide to Planning, Exemptions, and Strategies
  • Homestead Exemption Law
  • Tenancy by Entireties Ownership in Florida
  • Florida Debt Collection Laws
  • Florida Exemptions from Creditors
Jon Alper

About the Author

Jon Alper is an expert in asset protection planning for individuals and small businesses.

Book a consultation with Jon.

Get the latest blog posts by email.

Looking for help?

Schedule a phone or Zoom consultation to review your specific situation. We help clients throughout the state of Florida.

Schedule Consultation

© 2023 Alper Law, PLLC
(407) 444-0404

255 Primera Blvd. #160
Lake Mary, FL 32746
  • Disclaimer
  • Privacy Policy
Facebook Twitter Linkedin
Scroll to top
Contact Us
Search
  • Home
  • Learn More
    • Asset Protection
      • Asset Protection Guide
      • Annuities
      • Asset Protection Trust
      • Bank Account Protection
      • Car Accidents
      • Divorce
      • Doctors
      • Equity Stripping
      • Exemptions
      • Florida Residency
      • Fraudulent Transfers
      • Homestead Law
      • How Attorneys Help
      • Strategies
      • Tenants By Entireties
      • UTMA Accounts
    • Business Planning
      • Business Entities
      • LLCs
      • LLC Operating Agreement
      • Real Estate Investors
    • Offshore Planning
      • Nevis LLC
      • Offshore Bank Accounts
      • Offshore Planning
      • Offshore Trusts
    • Judgment Collection
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and Trusts
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • Bankruptcy
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
      • Student Loans
    • Real Estate
      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
      • Warranty Deed
    • Adoption
      • Adult Adoption
      • Grandparent and Relative Adoption
      • Private Adoption
      • Readoption
      • Same-Sex Couples
      • Stepparent Adoption
  • Blog
  • Attorneys
    • Gideon Alper
    • Jon Alper