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Stopping garnishment using Head of Household exemption?

Pompano Beach, FL |

I was told by an attorney and wanted to get confirmation that if after losing a judgement and the garnishment process begins, you can't claim to be the Head of the Household unless there is a minor (child)involved. The fact that you provide more than half the support for a spouse would not count. Is this correct as it pertains to Florida law?

Attorney Answers 3

  1. The correct term is actually "head of family." Head of household is the IRS term.

    Here is the statutory definition, it answers your question:
    (c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.
    FL Statute 222.11(1)(c).

  2. Attorney Berkus is correct. Without a minor child you will not qualify for the head of household exemption.

    If you cannot afford to pay the judgment you may want to consider a bankruptcy case. Filing a bankruptcy would immediately stop the garnishment process and would discharge the debt. You should consult with a bankruptcy attorney to see if you qualify for a Chapter 7 case and if it is a good option for you.

  3. A child or other dependant would include a spouse.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.