Legal Question in Credit and Debt Law in Florida

I rercieve SS disability, stste retirement, and a VA benefit. My spouse is still employed. Is she considered the head of house hold?


Asked on 9/12/09, 2:54 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Assuming she makes more than you, yes.

Read more
Answered on 9/12/09, 10:11 am
Angelo Marino Angelo Marino Jr. PA

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.

see www.ConsumerLawyerHelp.com for information re garnishment and your rights.

Read more
Answered on 9/12/09, 11:07 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida