Florida · wage garnishment

Florida wage garnishment: the $750 head-of-family rule.

Florida treats wages differently if you are a "head of family", meaning you provide more than half the support for a child or other dependent. For a head of family, all disposable earnings up to $750 a week are exempt, and earnings above $750 a week cannot be garnished at all unless you signed a separate written waiver. If you are not a head of family, only the federal cap applies. Source: Fla. Stat. 222.11, read November 1, 2026.

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The short answer

Florida treats wages differently if you are a "head of family", meaning you provide more than half the support for a child or other dependent. For a head of family, all disposable earnings up to $750 a week are exempt, and earnings above $750 a week cannot be garnished at all unless you signed a separate written waiver. If you are not a head of family, only the federal cap applies. Source: Fla. Stat. 222.11, read November 1, 2026.

What the statute says

Section 222.11(1) defines three terms. "Earnings" is pay for personal services (wages, salary, commission or bonus). "Disposable earnings" is what is left of a head of family's earnings after amounts required by law to be withheld. A "head of family" is any natural person who is providing more than one-half of the support for a child or other dependent.

Under 222.11(2)(a), all disposable earnings of a head of family at or below $750 a week are exempt from attachment or garnishment. Under 222.11(2)(b), disposable earnings above $750 a week may not be garnished unless the person agreed otherwise in writing. The waiver must be in the same language as the contract, sit in a separate document attached to it, and use the statute's warning text in at least 14-point type, signed by the consumer and the creditor. Where a valid waiver exists, the amount garnished still cannot exceed the federal Consumer Credit Protection Act limit (15 USC 1673).

Under 222.11(2)(c), a person who is not a head of family is held to the federal limit only: the lesser of 25% of weekly disposable earnings or the amount over 30 times the federal minimum wage.

Money already in your bank account

Section 222.11(3) extends the protection after payday. Earnings that were exempt and are credited or deposited in a financial institution stay exempt for 6 months after the bank receives them, if the funds can be traced and identified as earnings. The statute adds that mixing earnings with other funds does not by itself defeat the ability to trace them.

How this calculator applies it

The statute states the $750 threshold per week and does not say how to apply it to a biweekly or monthly check. This page divides your disposable earnings by the number of workweeks in the pay period (2 for biweekly, 13/6 for twice-monthly, 13/3 for monthly, following 29 CFR 870.10) and compares the weekly figure with $750. Treat the result near the threshold as an estimate and confirm with the court or a legal aid office.

Worked example

Gross pay $2,000.00 every two weeks, required deductions $400.00, head of family, no waiver: disposable earnings $1,600.00. FL rule allows $0.00, the federal cap allows $400.00, so the most that can be garnished is $0.00 and $1,600.00 stays in the paycheck.

More examples (same engine as the calculator)

CasePayDisposableFL ruleFederal capMost garnishable
head of family, no waiver$2,000.00 gross, $400.00 deductions, every two weeks$1,600.00$0.00$400.00$0.00
head of family who signed the statutory waiver$2,000.00 gross, $400.00 deductions, every two weeks$1,600.00$400.00$400.00$400.00
not a head of family$2,000.00 gross, $400.00 deductions, every two weeks$1,600.00$400.00$400.00$400.00
head of family, weekly disposable earnings of $550$1,400.00 gross, $300.00 deductions, every two weeks$1,100.00$0.00$275.00$0.00

How it compares with the federal limit

Federal law (15 USC 1673(a)) caps garnishment for ordinary debts at the lesser of 25% of weekly disposable earnings or the amount by which they exceed 30 times the federal minimum wage of $7.25, which protects $217.50 a week. A state may protect more, never less. When both apply, the lower amount controls, and the calculator shows both. See the federal wage garnishment limit calculator for support orders and for Texas, Pennsylvania and South Carolina, or the state comparison table.

What this page does not cover

Child support and alimony orders, federal tax levies, defaulted federal student loans, bankruptcy orders, and court-ordered amounts that follow other statutes. Whether you qualify as a head of family is a question of fact for the court. Tax levies, defaulted federal student loans and bankruptcy orders follow their own rules. Court costs, exemptions you must claim yourself, and the procedure for objecting are decided by the court that issued the judgment.

Frequently asked questions

Can wages be garnished in Florida?

Yes, but only for people who are not heads of family, or for heads of family who earn more than $750 a week disposable and signed the statutory written waiver. Even then the federal cap of 25% of disposable earnings (or the excess over 30 times the federal minimum wage, if less) applies (Fla. Stat. 222.11).

Who counts as a head of family in Florida?

Under 222.11(1)(c), any natural person who provides more than one-half of the support for a child or other dependent.

What is the $750 figure?

Disposable earnings of a head of family at or below $750 a week are fully exempt. Above $750 a week they are still protected unless the person agreed in writing to waive the protection.

What does a valid waiver need to look like?

It must be in the same language as the contract, in a separate attached document, in substantially the statutory form, in at least 14-point type, and signed by the consumer and the creditor (222.11(2)(b)).

Are my wages protected after they hit my bank account?

Exempt earnings that are deposited in a financial institution stay exempt for 6 months after receipt, if they can be traced and identified as earnings. Mixing them with other money does not by itself defeat tracing (222.11(3)).

Sources

Statute text and agency pages read November 1, 2026. Statutes are amended; check the current version before relying on a figure.

Not legal advice

This page is general information, not legal or financial advice. A garnishment order, your facts and later law changes can differ from the formulas shown. Confirm with the court, a legal aid office or a lawyer before you act. Everything runs in your browser; nothing you enter is sent anywhere.

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