Alimony and Garnishment in Florida

A third-party creditor cannot garnish alimony on its way to the person owed it. Chapter 222 does not list alimony among exempt income categories, so the protection comes from a court decision rather than a statute. In Waters v. Albanese, 547 So. 2d 197 (Fla. 4th DCA 1989), the Fourth District refused to let a judgment creditor reach alimony that the debtor was still owed.

The word “garnishment” appears in two different alimony contexts. A creditor holding a money judgment against someone who receives alimony cannot intercept those payments. But a former spouse owed unpaid alimony can use garnishment to collect, and the limits are far higher than those for ordinary consumer debt.

Can a Third-Party Creditor Garnish Alimony Payments?

No, but the protection is judicial rather than statutory. Florida law does not include an explicit statutory exemption for alimony received by a debtor. Chapter 222 lists head of household wages, homestead property, retirement benefits, and certain other assets as exempt from creditor claims. Alimony is not on that list. A strict statutory reading would suggest that alimony payments are fair game for any creditor holding a money judgment.

The Fourth District rejected that reading. Garnishment reaches a debt the garnishee owes the judgment debtor, and the court held that alimony is not a “debt” in that sense. It is a court-ordered support obligation, not a commercial obligation arising from a transaction.

The court’s broader reason is the one behind much of Florida’s exemption system. The wage exemption under § 222.11 is there to protect the debtor’s dependents from losing their support, not primarily to benefit the debtor. Waters extended that reasoning to alimony. A former spouse living on those payments can be left dependent on public support just as a wage earner’s household can. Intercepting those payments would leave the alimony recipient without financial support that a court already determined was necessary.

Head of Household Protection for Alimony Recipients

An alimony recipient who qualifies as head of household may have an independent statutory basis for exempting income from garnishment, separate from the public policy protection. Section 222.11 exempts compensation paid for personal services (wages, salary, commission, or bonus). Alimony does not fit neatly into this definition because it is not compensation for personal services.

The more relevant question is whether the alimony recipient provides more than half of the financial support for a child or other dependent. A custodial parent using alimony and other income to support minor children can claim head of household status. The alimony itself does not qualify as “earnings” under the statute.

What Happens After Alimony Is Deposited in a Bank Account?

Once alimony is deposited, a creditor who cannot garnish it directly from the payor may attempt to garnish the recipient’s bank account instead.

The six-month tracing protection under § 222.11(3) applies to “earnings that are exempt under subsection (2)” that are deposited in a financial institution. Because alimony is not technically “earnings” within the statutory definition, this six-month bank account protection may not apply to deposited alimony the same way it applies to deposited wages. No statute says how long the public policy protection for alimony lasts once the funds are in a bank account.

The safest approach is to maintain a segregated account that receives only alimony deposits. If a creditor serves a writ of garnishment on the bank, the recipient can assert the public policy exemption and show through bank records that every dollar came from alimony.

Commingling alimony with non-exempt funds makes this much harder. If the account contains a mix of alimony, wages, and other income sources, the recipient must trace each deposit to its source. Courts may refuse to protect the entire account balance when the debtor cannot distinguish exempt from non-exempt funds.

Garnishment to Enforce Unpaid Alimony

Florida law allows a former spouse owed alimony to use garnishment as a collection tool against the payor. Under § 61.12, the recipient can obtain a writ of garnishment against the payor’s employer, bank accounts, or other third parties who hold the payor’s assets. Section 61.1301 also requires the court to enter a separate income deduction order whenever it enters a final order establishing, enforcing, or modifying an alimony obligation. The order directs the payor’s income source to withhold the alimony from each payment and forward it to the recipient or to the depository.

Garnishment limits for alimony enforcement are far higher than the limits for ordinary consumer debts. Under the Consumer Credit Protection Act, a creditor enforcing a support order can garnish up to 50% of the payor’s disposable earnings if the payor is currently supporting another spouse or dependent child. If the payor is not supporting another spouse or child, the limit increases to 60%.

An additional 5% applies if the alimony arrears are more than 12 weeks past due, bringing the maximum to 55% or 65% depending on the payor’s other support obligations. Ordinary judgment creditors are capped at 25%.

The head of household exemption under § 222.11 does not apply to alimony enforcement. A payor who qualifies as head of household can block wage garnishment by a credit card company but cannot use the same exemption to avoid paying court-ordered alimony.

Alimony Obligations Survive Bankruptcy

Alimony arrears cannot be eliminated through bankruptcy. Under 11 U.S.C. § 523(a)(5), debts for domestic support obligations (including alimony, maintenance, and support) are nondischargeable in both Chapter 7 and Chapter 13 proceedings.

The automatic stay does not stop income withholding for alimony. Under § 362(b)(2), income withheld to pay a domestic support obligation is excepted from the stay, and so is collection against property the bankruptcy estate does not hold. An income deduction order already in place keeps running after the payor files, but other collection against estate property waits until the stay lifts.

A payor who files Chapter 13 can include alimony arrears in the repayment plan, but the arrears must be paid in full over the life of the plan. Falling behind on alimony while the bankruptcy case is pending is grounds for dismissal.

Other Enforcement Tools Beyond Garnishment

Florida courts have additional remedies for enforcing alimony obligations beyond garnishment. Under § 61.11, the court can issue injunctions and writs to secure alimony payments. A payor who willfully refuses to pay can be held in civil contempt under Florida Family Law Rule 12.615. Incarceration requires a separate finding that the payor can presently pay a purge amount the court sets. An existing alimony judgment presumes the payor can pay, so proving inability is the payor’s burden. The payor is released on paying that purge, which may be less than the full arrears.

The court can also require the payor to secure the alimony obligation with assets, post a bond, or purchase life insurance naming the recipient as beneficiary. Under § 61.08(4), the court has discretion to order these security measures when special circumstances warrant them.

Under § 409.2554, the Florida Department of Revenue collects alimony only when it is also enforcing child support for the same family and the child lives with the spouse or former spouse owed the alimony. A recipient with no child support case must enforce the alimony privately through the family court, bearing the cost of filing enforcement motions, serving process, and attending hearings. Section 61.16 does allow the court to order the payor to cover the recipient’s reasonable attorney’s fees and costs for enforcement proceedings.