How It Works
The head of household garnishment exemption provides 100% wage protection for individuals who provide more than half the financial support for a child or dependent. When the exemption applies, creditors cannot garnish any portion of the debtor's earnings.
This is different from the federal garnishment limit (25% of disposable earnings). In states with head of household protection, qualifying individuals keep their entire paycheck.
Florida example: Under Florida Statute 222.11, "Disposable earnings of a head of family... are exempt from attachment or garnishment" with limited exceptions for child support and taxes.
Who Qualifies
To qualify as a head of household for garnishment purposes, you generally must:
- Provide more than 50% of the financial support for at least one dependent
- The dependent can be a child, spouse, parent, or other person who relies on you financially
- The support must be ongoing -- not a one-time contribution
The definition varies by state. In some states, you must be the primary breadwinner. In others, you simply need to provide more than half the support for any dependent.
States with Head of Household Protection
| State | Protection Level | Key Statute |
|---|---|---|
| Florida | 100% of disposable earnings | Fla. Stat. 222.11 |
| Texas | 100% of current wages (broad wage exemption) | Tex. Prop. Code 42.001 |
| South Carolina | 100% for head of family | S.C. Code 15-39-410 |
| North Carolina | 60 days of earned wages | N.C. Gen. Stat. 1-362 |
Other states offer varying degrees of additional protection for heads of household. Check your state's specific exemption statutes.
How to Claim the Exemption
- Act quickly. After receiving a garnishment notice, you typically have a short window (often 20-30 days) to claim the exemption
- File a claim of exemption with the court that issued the garnishment order
- Provide documentation of dependent status -- birth certificates, tax returns showing dependents, school records
- Attend the hearing if the creditor contests the exemption
Timing is critical. If you miss the deadline to claim the exemption, you may lose the protection even if you qualify. When you receive a garnishment notice, respond immediately.
If garnishment has already started: How bankruptcy stops garnishment
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