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?
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).
Chapter 7 Bankruptcy Attorney
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.
Criminal Defense Attorney
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.