How much of my wages can be garnished in Florida?

Question

Accepted Answer

Florida has one of the most generous wage protections in the country thanks to its head-of-family statute.

1. Federal Floor

15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or the amount above 30× the federal minimum wage ($217.50/week).

2. Florida Rule

Fla. Stat. § 222.11 is the key Florida statute:

A "head of family" whose disposable earnings are $750/week or less is wholly exempt from garnishment.

A "head of family" earning more than $750/week is exempt unless they have agreed in writing to allow garnishment.

"Head of family" = a person providing more than one-half of the support for a child or other dependent (§ 222.11(1)(c)).

For non-head-of-family debtors, Florida uses the federal CCPA limit (25% / 30×-FMW floor).

3. Special Categories

Child/spousal support: 50-65% under 15 U.S.C. § 1673(b) and Fla. Stat. § 61.1301 (Income Deduction Order).

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: Florida has no personal income tax.

4. Head-of-Household Exemption

Asserted by filing an affidavit under § 222.12 within 20 days of receiving the writ. The creditor may contest by sworn denial; otherwise the writ dissolves automatically.

5. Process

Creditor obtains judgment, then files a motion for writ of garnishment under Fla. Stat. § 77.03. The writ commands the employer to retain wages. Debtor must receive notice (Form 1.907) and file Claim of Exemption within 20 days under § 77.041.

6. Multiple Garnishments

Support orders take priority; remaining garnishments queue behind. Employer follows order of service for non-support writs.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment.

8. Bank Garnishment vs Wage Garnishment

Deposited wages remain head-of-family exempt for 6 months if not commingled — Fla. Stat. § 222.11(3). Up to $1,000 of personal property is separately exempt under Fla. Const. art. X § 4.

This is legal information, not legal advice.