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Can my wages be garnished in Florida if I support my family?

By Debt Savvy Editorial Team · Updated 2026-09-30 · Facts checked against the law on 2026-09-30

In Florida, if you are a head of family and your disposable earnings are $750 a week or less, your wages are fully exempt from garnishment for ordinary debts. Above $750, garnishment is possible only if you agreed in writing. Federal caps also apply.

Key facts

What the Florida head of family rule means in practice

If you support a family and your disposable earnings are $750 a week or less, Florida law exempts all of those earnings from attachment or garnishment for ordinary debts. That means a creditor generally cannot take any of your paycheck for a consumer debt.

If your disposable earnings are above $750 a week, a creditor can reach the amount above $750 only if you agreed to it in writing. Without that written agreement, the exemption still protects your wages.

For example, on $600.00 of weekly disposable pay, the most a creditor can garnish for an ordinary consumer debt is $150.00 a week. On $800.00 of weekly disposable pay, the most is $200.00 a week.

Garnishment examples

Most a creditor can garnish from one week of disposable earnings — pay left after the amounts the law requires to be withheld — for an ordinary consumer debt such as a credit card judgment (15 U.S.C. § 1672(a)-(b)). Support orders, taxes and defaulted federal student loans follow different rules (15 U.S.C. § 1673(b)(1), 20 U.S.C. § 1095a(a)(1)).
Where you live$600.00 a week$800.00 a weekLaw
Florida$150.00$200.00Fla. Stat. § 222.11
this figure applies if you are not head of a family; a head of family is fully exempt at $750 a week or less, and above that only with a signed written agreement

Federal limits that also protect your paycheck

Even if you are not a head of family, federal law caps wage garnishment for ordinary debts. The cap is the lesser of 25% of your weekly disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum hourly wage ($217.50 a week).

So on $600.00 of weekly disposable pay, the most a creditor can garnish for an ordinary consumer debt is $150.00 a week. On $800.00 of weekly disposable pay, the most is $200.00 a week.

These federal limits do not apply to court orders for child or spousal support, Chapter 13 bankruptcy orders, or debts for state or federal taxes. In those situations, different rules apply and you should get specific advice.

Money already coming out of your pay? Whether an exemption applies to you turns on your own paperwork. You can put that question to a lawyer online.

Ask a lawyer about your garnishment

What to do this week if you received garnishment papers

First, read the papers carefully. Note the date you were served and the deadline to respond. In Florida, you must serve an answer within 20 days after service of original process and the initial pleading, unless a Florida statute sets a different time.

Second, gather your pay stubs and proof of your family support. If you are a head of family, you may need to show that your disposable earnings are $750 a week or less or that you did not agree in writing to any garnishment above that amount.

Third, consider contacting a lawyer or legal aid. They can help you understand the paperwork, file an answer, and raise the exemption if it applies.

Common mistakes that hurt your case

One mistake is missing the 20-day deadline to serve an answer. In Florida, you must serve an answer within 20 days after service of original process and the initial pleading, unless a Florida statute sets a different time.

Another mistake is ignoring the type of debt. The federal cap does not apply to child support, spousal support, Chapter 13 bankruptcy orders, or tax debts. If your debt falls into one of those categories, the analysis is different, and you should seek advice promptly.

A third mistake is overlooking the written agreement rule. If you are a head of family earning above $750 a week, garnishment is possible only if you agreed to it in writing.

What changes the answer: paperwork, court, and debt type

Whether your wages can be garnished depends on several factors. First, your status as head of family and your weekly disposable earnings. If you earn $750 a week or less, Florida exempts all of it. If you earn more, the written agreement matters.

Second, the type of debt. For ordinary consumer debts, the federal cap applies. For child support, spousal support, Chapter 13 bankruptcy orders, or tax debts, the federal cap does not apply, so different rules govern.

Third, the court paperwork. You must serve an answer within 20 days after service of the initial pleading. Because these factors interact, it is wise to consult a lawyer or legal aid to review your specific situation.

When to get help

If you are facing wage garnishment and you support a family, it is important to get help early. A lawyer or legal aid can help you determine if the Florida head of family exemption applies, whether your earnings are $750 a week or less, and whether you agreed in writing to any garnishment above that amount.

They can also help you file an answer within the 20-day deadline and raise any defenses. If your debt is for child support, spousal support, Chapter 13 bankruptcy, or taxes, the federal cap does not apply, so you need advice tailored to those rules.

Frequently asked questions

What does Florida law say about head of family earnings and garnishment?

In Florida, all disposable earnings of a head of family whose disposable earnings are $750 a week or less are exempt from attachment or garnishment. Earnings above $750 a week can be reached only if the head of family agreed to it in writing.

Can a creditor garnish my wages if I am not a head of family?

Yes, but federal law caps garnishment for ordinary debts at the lesser of 25% of your weekly disposable earnings or the amount by which your weekly disposable earnings exceed $217.50. For example, on $600.00 of weekly disposable pay, the most is $150.00 a week.

Does the federal garnishment cap apply to child support or taxes?

No. The federal cap does not apply to court orders for child or spousal support, Chapter 13 bankruptcy orders, or debts for state or federal taxes. In those cases, different rules apply, so you should speak with a lawyer or legal aid to understand your rights.

How long do I have to respond to a garnishment lawsuit in Florida?

In Florida, you must serve an answer within 20 days after service of original process and the initial pleading, unless a Florida statute sets a different time.

What should I do if I think my wages are exempt?

Gather your pay stubs and proof that you support a family. If your disposable earnings are $750 a week or less, you may be fully exempt. Consider contacting a lawyer or legal aid to help you file an answer within 20 days and raise the exemption if it applies.

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