Florida Wage Garnishment 2026: 25% Limit and Head of Household Exemption

Florida Follows Federal Law — With One Major Addition

Florida wage garnishment law operates primarily through incorporation of federal law. The Consumer Credit Protection Act (CCPA), codified at 15 U.S.C. § 1673, sets the national baseline for wage garnishment limits. Florida statute does not impose tighter limits than the CCPA for most consumer creditors — but it adds a powerful state-law protection that the CCPA does not provide.

The federal baseline in Florida is identical to what applies in most states that have not enacted additional protections. A creditor who has obtained a court judgment can serve a writ of garnishment on the debtor's employer. The employer then calculates disposable earnings and withholds the lesser of the two federal CCPA amounts.

Florida's Major Addition — Fla. Stat. § 222.11: The head of family exemption under Fla. Stat. § 222.11 provides that wages, salary, or other compensation for personal labor or services cannot be garnished if the person is a head of family — meaning they provide support for a spouse, child, or other dependent. For qualifying debtors who assert this exemption on time, the protection is complete: zero wages can be garnished by consumer creditors.

This is a materially different outcome from states like Georgia, Ohio, and Maryland, which follow the federal baseline without adding a head of household exemption. In those states, a parent of three children earning a modest wage has the same CCPA protection as a single adult with no dependents. In Florida, the parent of three children may be completely exempt.

One Important Limitation: The head of family exemption applies to consumer debt garnishments — credit cards, medical bills, personal loans, and similar judgments. It does not override garnishment for child support, alimony, student loan obligations, or IRS tax levies. Those obligations follow their own garnishment rules regardless of family status.

The Federal Calculation: 25% or $217.50 — Whichever Is Less

For Florida debtors who do not qualify for the head of family exemption (or who fail to assert it), the federal CCPA limits govern how much can be garnished each pay period.

Step 1 — Calculate Gross Earnings: Start with all wages, salary, commissions, bonuses, or other compensation paid to the employee for that pay period.

Step 2 — Calculate Disposable Earnings: Subtract from gross earnings any amounts required by law to be withheld — primarily federal income tax withholding, state income tax withholding, Social Security (FICA), Medicare, and mandatory pension contributions required by law. Voluntary deductions such as 401(k) contributions, health insurance premiums chosen by the employee, union dues, and charitable contributions are not subtracted.

Step 3 — Apply the Two-Part CCPA Test: Calculate both of the following: - 25% of disposable earnings - Disposable earnings minus 30 times the federal minimum wage per week ($7.25 × 30 = $217.50)

The maximum that can be garnished is the lesser of these two amounts. If disposable earnings are at or below $217.50 per week, the second calculation is zero or negative — meaning nothing can be garnished regardless of what 25% would produce.

Weekly Examples: - $800 disposable earnings: 25% = $200; $800 - $217.50 = $582.50. Lesser = $200. Garnishable: $200. - $250 disposable earnings: 25% = $62.50; $250 - $217.50 = $32.50. Lesser = $32.50. Garnishable: $32.50. - $217.50 disposable earnings: 25% = $54.38; $217.50 - $217.50 = $0. Lesser = $0. Garnishable: nothing. - $200 disposable earnings: $200 is below $217.50 — zero can be garnished.

For biweekly or semimonthly pay periods, the $217.50 floor is adjusted proportionally: $435 for biweekly (2 × $217.50), $471.25 for semimonthly. For monthly periods, the floor is $942.50.

The Head of Family Exemption: Florida's Strongest Protection

Fla. Stat. § 222.11 provides that the earnings of a head of family — defined as any natural person who is providing more than one-half of the support for a child or other dependent — are exempt from garnishment.

The scope of this exemption is remarkable compared to other states. While most states protect disposable earnings down to the $217.50 floor, Florida's head of family exemption protects 100% of earnings from consumer creditors for qualifying debtors who properly assert it.

Who Is a Head of Family in Florida? A head of family is a natural person who: - Provides more than one-half of the support for at least one dependent - The dependent can be a child (including an adult child in college), a spouse who is financially dependent, or any other person financially dependent on the debtor - The debtor does not need to be the sole provider — exceeding 50% of support is sufficient - The dependence must be genuine — a roommate or adult friend does not qualify

How Courts Apply the Exemption: Florida courts have consistently held that the head of family exemption is broadly construed in favor of the debtor. Common situations where courts have found the exemption applies include: a divorced parent paying child support who also supports children in their household, a worker supporting an elderly parent, and a worker supporting a disabled sibling.

The Exemption Is Not Self-Executing: The most critical point about the head of family exemption is that the debtor must assert it. Florida law does not protect wages automatically just because someone has dependents. If the writ of garnishment is served on the employer and the debtor does not file a claim of exemption in time, the wages will be garnished regardless of family status.

Who Qualifies and How to Claim the Head of Family Exemption

Claiming Florida's head of family exemption requires timely action. Missing the deadline can permanently waive the protection for that garnishment proceeding.

The Process: When a creditor serves a writ of garnishment on an employer, the employer must notify the debtor within a specific timeframe. Florida law then gives the debtor a short window — typically 20 days after service of the writ or after notice from the employer, whichever is later — to file a Claim of Exemption form with the court.

Step 1 — Receive Notice: The employer receiving the writ of garnishment must provide the debtor with a copy of the writ and a notice of rights, including the right to claim the head of family exemption.

Step 2 — File the Claim of Exemption: The debtor must file a Claim of Exemption form with the clerk of the court in the county where the garnishment was filed. Standard forms are available from Florida courts at floridacourts.gov. The form asks the debtor to identify dependents and provide supporting documentation of dependency.

Step 3 — Hearing (If Creditor Objects): If the creditor disputes the claimed exemption, the court schedules a hearing. The debtor must appear and demonstrate that they meet the head of family criteria. The burden shifts to the creditor to disprove the exemption claim once asserted.

Step 4 — Court Order: If the exemption is upheld, the court orders the employer to stop withholding. If the creditor prevails, the garnishment continues subject to the federal CCPA limits.

Documentation That Helps: Birth certificates for dependent children, proof of dependency for other dependents (tax returns, household expense records), and documentation that the debtor provides more than half the dependent's support.

Head of Family Exemption Does Not Apply To: - Child support garnishments - Alimony garnishments - Federal student loan administrative garnishments - IRS tax levies - Any garnishment authorized by federal law that preempts state exemptions

Step-by-Step: Calculating Florida Wage Garnishment

The following examples illustrate how Florida wage garnishment calculations work for debtors who do not qualify for the head of family exemption.

Example 1 — $800 Weekly Disposable Earnings (Regular Creditor): - 25% of disposable: $800 × 0.25 = $200 - Amount above $217.50 floor: $800 - $217.50 = $582.50 - Maximum garnishable: lesser of $200 and $582.50 = $200 per week - Monthly equivalent: approximately $867

Example 2 — $800 Weekly Disposable Earnings (Head of Family Exemption Asserted): - Maximum garnishable: $0 — complete exemption - The $200 per week otherwise available to creditor is fully protected

Example 3 — $250 Weekly Disposable Earnings: - 25% of disposable: $250 × 0.25 = $62.50 - Amount above $217.50 floor: $250 - $217.50 = $32.50 - Maximum garnishable: lesser of $62.50 and $32.50 = $32.50 per week

Example 4 — $217.50 or Less Weekly Disposable Earnings: - The $217.50 floor protects all earnings - Maximum garnishable: $0

Example 5 — Biweekly Pay Period, $1,600 Disposable: - 25% of disposable: $1,600 × 0.25 = $400 - Amount above biweekly floor ($435): $1,600 - $435 = $1,165 - Maximum garnishable: lesser of $400 and $1,165 = $400 per biweekly period

Monthly Pay Period Floor: For monthly pay periods, the protected floor is 30 × $7.25 × (52 ÷ 12) = $942.50 per month.

Effect of the September 30, 2026 Min Wage Change: Florida's minimum wage increases to $15.00/hr on September 30, 2026. The CCPA floor ($217.50/week) is based on the federal minimum wage ($7.25/hr), not the state minimum wage, so the floor does not change. However, workers who previously earned near the federal floor and whose pay increases toward Florida's new state minimum will see their disposable earnings rise, which can increase the absolute dollar amount garnishable under the 25% calculation.

What Is Exempt from Garnishment in Florida?

Florida law and federal law together exempt several categories of income from wage garnishment entirely, independent of the head of family exemption.

Social Security Benefits: Federal law (42 U.S.C. § 407) protects Social Security retirement, disability (SSDI), and survivor benefits from most garnishments. Florida courts follow federal law on this point. Important caveat: if Social Security funds are deposited into a bank account and commingled with other funds, they may lose their protected status for bank account levy purposes, though wage garnishment of the direct payments themselves remains protected.

Unemployment Compensation: Florida unemployment benefits under Chapter 443, Florida Statutes, are exempt from garnishment by most creditors.

Workers' Compensation Benefits: Workers' compensation payments under Chapter 440, Florida Statutes, are exempt from creditor garnishment.

Veterans' Benefits: Federal VA benefits (38 U.S.C. § 5301) are exempt from most garnishments.

State and Municipal Pension Benefits: Benefits from the Florida Retirement System and local government pension plans are generally exempt from creditor garnishment under Florida law.

Tips and Gratuities: There is case law in Florida suggesting that tips may be treated differently from wages for CCPA purposes because they are not technically paid by the employer — but this area is fact-specific and the better practice is to include tips in the disposable earnings calculation.

What Is Not Exempt: Regular wages and salary beyond the protected floors; rental income and investment income (not earnings from employment, so the CCPA does not apply, but other garnishment rules apply); bank account balances (subject to separate levy rules, not the CCPA wage garnishment limits).

Child Support: Different Rules Under Federal Law

Child support garnishment in Florida operates under a completely different framework from consumer debt garnishment. Federal law under the Consumer Credit Protection Act provides higher garnishment limits for child support obligations, and Florida's head of family exemption does not apply.

Higher CCPA Limits for Child Support: - 50% of disposable earnings: If the employee supports a second family (spouse or other children not covered by the support order) - 60% of disposable earnings: If the employee does not support a second family - Plus 5% in each category: If the support arrears are more than 12 weeks past due

These limits are significantly higher than the 25% consumer debt limit and can be applied simultaneously with each other when the employee has both current support and arrears obligations.

Income Deduction Orders (IDOs): Under Fla. Stat. § 61.1301, Florida child support orders are almost always accompanied by an Income Deduction Order that requires the employer to withhold child support automatically from wages. The IDO is issued at the time of the original child support order — before any default — so most child support in Florida is collected without the employee ever receiving the withheld amount.

Head of Family Exemption Does Not Apply: This is a critical point. A parent who qualifies as a head of family can block consumer creditor garnishment entirely, but they cannot use the head of family exemption to block child support wage withholding. The IDO and child support garnishment rights are created by federal and state family law and override state exemption statutes.

Simultaneous Consumer and Child Support Garnishments: When an employee faces both a consumer debt garnishment and a child support withholding order simultaneously, the child support withholding takes priority and is satisfied first. The consumer creditor can only reach amounts remaining after the child support deduction, subject to the CCPA consumer limit.

Florida vs Illinois vs Texas: How State Protections Compare

Florida's head of family exemption makes it one of the more debtor-protective states for consumer wage garnishment, but different states take very different approaches.

Florida (Fla. Stat. § 222.11): - Federal CCPA limits apply: 25% or amount above $217.50/week - Head of family exemption: Complete exemption from consumer debt garnishment - Exemption must be asserted in time - Min wage $15.00/hr from September 30, 2026

Texas (Tex. Const. Art. XVI § 28; Tex. Civ. Prac. & Rem. Code § 63.004): - Consumer debt: No wage garnishment allowed at all - Texas almost completely prohibits consumer creditor wage garnishment - Only exceptions: child support, spousal maintenance, student loans, IRS - The most debtor-protective major state for consumer debt

Illinois (735 ILCS 5/12-803): - Consumer debt: 15% of gross wages (more protective than federal 25%) - Or amount above $490/week (higher floor than federal $217.50) - No head of household exemption equivalent - More protective than federal law but less than Texas or Florida (for qualifying Florida debtors)

Georgia (O.C.G.A. § 18-4-5): - Federal CCPA limits apply: 25% or amount above $217.50/week - No head of household exemption - No additional state protections beyond federal baseline

Ohio (Ohio R.C. § 2716.02): - Federal CCPA limits apply: 25% or amount above $217.50/week - No head of household exemption - No additional state protections beyond federal baseline

Comparison — $800 Weekly Disposable, Consumer Debt Judgment:

Texas: $0 garnished (prohibited entirely) Florida (head of family asserted): $0 garnished (complete exemption) Illinois: $800 × 15% = $120 max (or $310 above floor — $120 wins) Florida (no exemption): $200 garnished (25% CCPA) Georgia: $200 garnished (25% CCPA) Ohio: $200 garnished (25% CCPA)

Key Takeaway: For consumer debtors in Florida who have dependents and file their exemption claim on time, Florida rivals Texas as the most protective state for wage garnishment. For those who do not qualify for or do not assert the head of family exemption, Florida provides only federal-baseline protection.

Sources: Fla. Stat. § 222.11 (leg.state.fl.us) | Florida Courts — floridacourts.gov