Head of Household Exemption from Wage Garnishment in Florida

Florida’s head of household exemption is one of the most powerful wage protection tools available to debtors in any state. Under Florida Statute 222.11, a debtor who qualifies as head of household can exempt the entirety of their earnings from garnishment by a judgment creditor. There is no dollar cap on the exemption. A qualifying head of household earning $500 per week receives the same complete protection as one earning $5,000 per week, provided the debtor has not signed a written waiver of the exemption.

The exemption is a defense to garnishment, not a preventive filing. A debtor cannot claim head of household status in advance to block a creditor from obtaining a writ. Instead, the debtor asserts the exemption in response to a garnishment after it has been served. Understanding the qualification requirements, the procedural steps for claiming the exemption, and the situations where the exemption can be lost is critical for anyone whose wages may be targeted by a creditor.

Who Qualifies as Head of Household

A debtor qualifies as head of household under Florida law by providing more than one-half of the financial support for a child or other dependent. The statute does not limit the exemption to parents of minor children. A debtor supporting any of the following can qualify: a minor child, an adult child still living at home, a non-working or lower-earning spouse, an elderly parent, a disabled family member, or any other person to whom the debtor has a legal or moral obligation of support.

The dependent does not need to live in the debtor’s home to qualify, though cohabitation strengthens the claim. The key factor is whether the debtor provides more than half of the dependent’s total financial support, measured by the dependent’s actual needs for housing, food, medical care, transportation, and other essentials.

Head of Household vs. Tax Dependent

The definition of “dependent” for purposes of the head of household garnishment exemption is different from the IRS definition used for federal income tax filing. A person may qualify as a dependent under Florida’s garnishment statute even if the debtor does not claim that person as a dependent on their tax return. For example, a debtor who financially supports an elderly parent but does not claim the parent as a tax dependent can still assert the head of household exemption.

Conversely, claiming someone as a tax dependent does not automatically establish head of household status for garnishment purposes if the debtor does not actually provide more than half of the person’s financial support.

In practice, tax returns are one of the first documents a creditor will review when challenging a head of household claim. A mismatch between tax filings and the garnishment claim does not defeat the exemption, but the debtor should be prepared to explain the discrepancy with additional documentation.

Only One Spouse Per Household

Both spouses in a marriage cannot simultaneously claim head of household status for the same household. If both spouses work and both face garnishments, only the spouse who provides the majority of the household’s financial support can assert the exemption. The other spouse’s wages remain subject to garnishment under the standard federal limits. Determining which spouse qualifies requires comparing each spouse’s income contribution to total household expenses.

The $750 Per Week Threshold

Florida Statute 222.11 creates two tiers of protection based on the debtor’s weekly disposable earnings.

If the head of household’s disposable earnings are $750 per week or less (approximately $39,000 per year after legally required deductions), those earnings are fully exempt from garnishment. No creditor can garnish any portion of these wages, and the debtor does not need to have signed a waiver or taken any other action for this protection to apply.

If the head of household’s disposable earnings exceed $750 per week, the earnings above $750 are still protected from garnishment unless the debtor has agreed otherwise in writing. This means a head of household earning $2,000 per week in disposable income is fully exempt from wage garnishment unless the debtor previously signed a valid waiver. The statute effectively creates an unlimited exemption that can only be surrendered through a specific written waiver.

Waiver of the Head of Household Exemption

The head of household exemption can be waived, but only through a written agreement that meets strict statutory requirements. Under Florida Statute 222.11(2)(b), a valid waiver must be contained in a separate document attached to the loan agreement or contract, written in the same language as the underlying agreement, and printed in at least 14-point type. The waiver must include specific statutory language notifying the debtor that they have a right to protection from garnishment and that they are voluntarily surrendering that right by signing.

Many consumer loan agreements, promissory notes, and credit card contracts include head of household waivers. Debtors frequently sign these waivers without realizing the consequences, because the waiver language blends into a larger stack of closing documents. A debtor who signed a valid waiver years before a judgment was entered can find their wages garnished despite supporting dependents.

Challenging an Invalid Waiver

Not every waiver is enforceable. If the waiver was not in a separate document, was not printed in the required font size, or did not include the statutory language, it may be invalid. An attorney reviewing the original loan documents can determine whether the waiver meets the statutory requirements. If it does not, the debtor can argue that the waiver is unenforceable and claim the full head of household exemption.

Waivers in Bankruptcy

Section 522(e) of the federal Bankruptcy Code provides an additional safeguard for debtors who file for bankruptcy. Under this provision, a debtor’s waiver of an exemption in favor of an unsecured creditor is unenforceable in bankruptcy. This means that a debtor who signed a head of household waiver in a credit card agreement or personal loan contract can still claim the exemption over the wages and bank account funds traceable to wages in a bankruptcy proceeding, even though the waiver would be enforceable outside of bankruptcy.

What Types of Earnings Are Protected

The head of household exemption covers “earnings” paid to the debtor as compensation for personal labor or services. This includes salary, hourly wages, commissions, bonuses, and overtime pay. Florida courts have confirmed that sales commissions qualify as protected earnings even when paid irregularly or based on performance rather than fixed schedules.

Independent Contractors and Business Owners

Payments made to independent contractors present a more complex question. The statute was amended in 1993 to replace the term “money or other thing due for personal labor or service” with the broader term “earnings.” Courts have since allowed some independent contractors to claim head of household protection when the payments represent compensation for the debtor’s personal services rather than business profits.

The outcome depends on the specific facts. Courts are more likely to recognize the exemption when the debtor had no ownership interest in the paying business, when the compensation was tied directly to the debtor’s personal work output, and when the arrangement functioned like employment even though the debtor was classified as a contractor. The Independent Contractor article discusses the case law and factors courts consider.

Business owners face an even steeper challenge. Florida courts have held that payments a debtor receives from a business the debtor owns and controls are profits, not earnings, even if the debtor reports the payments as W-2 wages and pays employment taxes. Courts look at whether the debtor unilaterally determined their own compensation and whether the payments fluctuated based on business cash flow rather than a fixed employment arrangement. The more control the debtor exercises over the compensation decision, the less likely the exemption will apply.

How to Claim the Exemption

The head of household exemption must be claimed affirmatively after a garnishment writ is served. Filing a declaration of head of household status before a garnishment occurs will not prevent a creditor from obtaining a writ. The Writ of Garnishment article explains the procedural framework that triggers the exemption claim process.

After receiving notice of a wage garnishment, the debtor has 20 days to file a Claim of Exemption with the court. The garnishment notice includes a Claim of Exemption form that the debtor must complete and have notarized. The debtor must also mail or deliver a copy of the completed form to both the creditor (or creditor’s attorney) and the garnishee employer.

If the creditor does not file an objection within 8 business days of hand delivery or 14 business days of mailing, the clerk automatically dissolves the garnishment and the employer must stop withholding. No hearing is required.

If the creditor does contest the exemption, the court schedules an evidentiary hearing. The debtor has the burden of proving qualification through competent evidence.

Documentation Needed to Prove the Exemption

Proving head of household status at a court hearing requires specific documentation. The most important records include federal income tax returns showing dependent status and relative income levels of household members, pay stubs or W-2 statements for the debtor and all other income earners in the household, bank statements showing direct deposit of wages, evidence of financial support payments such as rent, mortgage, utilities, groceries, and medical expenses, and records of child support or alimony payments.

In households with two income earners, the debtor must demonstrate that their contribution exceeds the other earner’s contribution. This comparison looks at total financial support provided to dependents, not just gross income. A debtor earning slightly less than their spouse may still qualify if the debtor pays a disproportionate share of household expenses.

Resolving the Exemption Without a Hearing

In many cases, the debtor’s attorney can resolve the exemption directly with the creditor’s attorney by sharing documentation before the hearing date. Most creditor attorneys will voluntarily dissolve a garnishment when the evidence clearly supports the exemption, because contesting a valid exemption at hearing wastes time and may expose the creditor to sanctions. Proactive communication with supporting documents often resolves the dispute within days.

Exempt Wages Deposited in a Bank Account

Head of household wages do not lose their exempt status when deposited into a bank account. Under Florida Statute 222.11(3), exempt earnings deposited in any financial institution remain exempt from garnishment for six months after the institution receives the deposit, provided the funds can be traced and properly identified as earnings.

The statute specifically provides that commingling exempt wages with other funds does not by itself destroy the debtor’s ability to trace the earnings. However, as a practical matter, commingling makes tracing more difficult and gives the creditor grounds to contest the exemption. The safest approach is maintaining a separate bank account that receives only direct deposits of exempt wages and is used for no other purpose. The Wage Garnishment in Florida page discusses traced wages in the context of bank account garnishments.

Non-Residents Can Claim the Exemption

A debtor does not need to be a Florida resident to claim the head of household exemption in a Florida garnishment proceeding. Before 1993, the statute required the debtor to “reside in this state.” The legislature intentionally removed this residency requirement in the 1993 amendment. Florida courts have since held that a non-resident whose wages are garnished through a Florida court can assert the exemption, provided the debtor otherwise qualifies as head of household.

This is relevant for debtors who live in other states but work for Florida-based employers. If a creditor domesticates a judgment in Florida and serves a wage garnishment on the Florida employer, the out-of-state debtor can claim the exemption in the Florida proceeding.

Planning Around the Head of Household Exemption

The head of household exemption is reactive by nature, but advance planning makes it far more effective. The Garnishment guide explains how the exemption fits within a broader strategy for protecting income and liquid assets from creditor collection.

Debtors who anticipate potential judgments should keep documentation of dependent support current and readily accessible, maintain a separate bank account for exempt wage deposits to simplify tracing, review all existing loan documents for head of household waivers and avoid signing new waivers, and ensure that employment compensation is structured as wages rather than owner distributions or contractor payments. The Florida Asset Protection guide covers additional exemptions and strategies that complement the head of household protection.