Head-of-Family Exemption Under §222.11, F.S.
Florida's head-of-family wage exemption is among the strongest in the United States. The exemption protects "disposable earnings" — gross wages minus statutory deductions — from garnishment for any head of family.
| Weekly Disposable Earnings | Head of Family | Not Head of Family |
|---|---|---|
| $750 or less | Fully exempt | Subject to federal CCPA limits |
| More than $750 | Exempt unless written waiver applies | Subject to federal CCPA limits (25% or 30× federal minimum wage) |
How a Continuing Writ of Garnishment Works
- Verify head-of-family risk. Investigate marital status, dependents, and earnings level before filing — the wrong target wastes filing fees.
- File continuing writ. Continuing writ of garnishment under §77.0305 captures earnings on a recurring basis from the same employer.
- Serve the employer. Service triggers the employer's withholding obligation on subsequent payroll cycles.
- Debtor notice and claim form. The debtor is served with notice and a head-of-family claim form. A claim freezes garnishment pending a hearing.
- Exemption hearing. The debtor must prove head-of-family status and earnings level. Court determines exempt vs. non-exempt amounts.
- Ongoing remittance. Non-exempt portion remitted by employer to creditor on each payroll until judgment satisfied.
People Also Ask
Can wages be garnished in Florida?
Yes, but §222.11, F.S., protects head-of-family disposable earnings at or below $750 per week. Higher earnings remain protected unless a written waiver applies. Exempt wages deposited in a bank account are protected for 6 months if traceable to the source.
What is the head-of-family exemption in Florida?
A head of family is a person providing more than half the support for a child or other dependent. Florida's §222.11 exempts head-of-family disposable earnings at or below $750 per week from garnishment. Above $750/week, earnings are exempt absent a written waiver.
How much of my wages can be garnished in Florida?
If the debtor is not head of family, federal CCPA limits apply: lesser of 25% of disposable earnings or amount exceeding 30 times federal minimum wage. Head of family with earnings ≤$750/week is fully exempt; above $750/week the exemption typically still applies absent written waiver.
Can exempt wages in a bank account be garnished?
No, if the funds are traceable to head-of-family wages under §222.11, F.S., they remain protected for 6 months after deposit. Mixing wage funds with other deposits can defeat traceability — careful tracing is required to maintain the exemption claim.
How does a debtor claim the head-of-family exemption?
The debtor files a claim of exemption and request for hearing within the statutory window after notice of garnishment. The debtor must prove head-of-family status (more than half support for a dependent) and weekly earnings at or below the threshold. Burden is on the debtor.
Florida Wage Earner Owes You? Talk to a Licensed PI First.
We assess head-of-family risk before recommending wage garnishment. Wrong target wastes fees.
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Last reviewed: April 2026