Florida Wage Garnishment: The Head-of-Family Exemption Under F.S. § 222.11

Like wage garnishment everywhere, a creditor in Florida must first win a lawsuit and obtain a court judgment before it can touch your paycheck. But once a judgment exists, Florida law gives you a protection most states do not: the head of family exemption under Florida Statute § 222.11, which can shield your entire paycheck from garnishment.

The head-of-family exemption: up to $750/week fully protected

Under F.S. § 222.11(2)(b), all of the disposable earnings of a head of family whose disposable earnings are $750 a week or less are exempt from attachment or garnishment — no partial garnishment, no percentage, fully protected.

If your disposable earnings are above $750/week, the excess still cannot be garnished unless you have agreed in writing to allow it. Florida requires that written agreement to be a separate document, in at least 14-point type, that specifically acknowledges you understand you are giving up this exemption. A generic loan agreement or credit-card contract does not count — the waiver has to be its own document, signed knowingly.

Who counts as a 'head of family'?

Florida courts define head of family broadly for exemption purposes: someone who provides more than half the support for a dependent — a child, spouse, or other relative — and has a legal or moral obligation to do so. You do not need to be married or have minor children living with you full-time. A single parent, a person supporting an elderly parent, or the primary earner in a household can all qualify. If you are unsure whether you meet the definition, a licensed Florida attorney or legal aid clinic can help you evaluate your specific situation.

If you are not a head of family: the federal cap applies

If you do not qualify as a head of family, F.S. § 222.11(2)(a) defers to federal law — the Consumer Credit Protection Act, 15 U.S.C. § 1673. Under the federal cap, garnishment is limited to the lesser of:

• 25% of your disposable earnings for that week, OR
• The amount by which your disposable earnings exceed 30 times the federal minimum hourly wage per week

Disposable earnings means take-home pay after legally required deductions (taxes, Social Security, Medicare) — not after voluntary deductions like retirement contributions.

Wages deposited in your bank account stay protected for 6 months

The head-of-family exemption does not disappear the moment your paycheck hits your bank account. Under F.S. § 222.11(3), earnings that are exempt under the head-of-family rule remain exempt from garnishment for 6 months after being deposited, as long as the funds can be traced and identified as wages. Mixing the money with other funds in the same account does not automatically forfeit this protection — but it does make tracing harder, so keeping records of deposits matters if a creditor tries to levy the account.

How to claim the exemption

Florida law requires a judgment creditor seeking garnishment to serve you with a copy of the writ and a form for claiming exemptions. If you believe you qualify as a head of family, you must file a written claim of exemption with the court within the timeframe stated in the notice you receive — do not miss this deadline, because failing to respond can result in the garnishment proceeding without your protection being applied. If your employer or bank has already begun withholding and you believe the head-of-family exemption applies, file the claim as soon as possible; courts generally cannot refund amounts already turned over to the creditor before the claim was filed.

Fighting the underlying judgment

The head-of-family exemption protects your paycheck — it does not erase the judgment itself. If the judgment was entered by default because you were never properly served or missed your Answer deadline, Florida law may allow you to ask the court to vacate it. See the related guides below on answering a debt collection lawsuit and vacating a default judgment.