I recently became head of household and have an existing garnishment. Can I file for the exemption?

Asked over 1 year ago - Gainesville, FL

I currently have a garnishment but I recently became head of household for my family. Does the law allow you to file the exemption if the status changes during the time your wages are being garnished? I sent in the form but my employer was told by the collecting party that I could not do it. My paycheck today had my normal amount deducted plus the amount that was not paid when I submitted the form. It seems you should be able to file if your status changes. I can easily prove that I meet the requirements.

Attorney answers (2)

  1. Lawrence Joseph Marraffino

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . A motion to dissolve has to be filed in court and a judge has to make that determination. You probably should hire an attorney that has courtroom experience.

    Lawrence J. Marraffino
    Florida Bar Board Certified Civil Trial Lawyer
    www.ljmpa.com

    This answer cannot be a substitute for legal advice which requires more information from the client than can be... more
  2. Renee Mayerson Cannella

    Contributor Level 13

    1

    Lawyer agrees

    Answered . In Florida i believe you would have to file a Motion to Dissolve Writ of Continuing Garnishment. You can check with the clerk of the court to see if there is a form available or a sample your can view.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more

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