In Florida, certain types of income are protected from garnishment, meaning creditors generally cannot seize them to satisfy a debt. The most significant protection applies to wages, particularly for individuals who qualify as a "head of family."
Wage Garnishment Exemptions in Florida
Florida law provides robust protection for wages, especially for those supporting a household.
- Head of Family Exemption: If you are considered a "head of family" in Florida, your disposable earnings (income minus any required withholdings like taxes and Social Security) are fully exempt from garnishment if they are $750 a week or less. This threshold translates to approximately $39,000 per year after deductions. For example, if your disposable income is $700 per week and you qualify as a head of family, your wages generally cannot be touched by creditors for most debts.
- Earnings Above the Threshold or Non-Head of Family: If your disposable earnings exceed $750 per week (and you are a head of family), or if you are not a head of family, federal law (15 U.S.C. 1673) generally limits wage garnishments to the lesser of:
- 25% of your disposable income; or
- The amount by which your disposable income exceeds 30 times the federal minimum wage.
Example Scenario for Wage Garnishment (Federal Limit):
Assuming the federal minimum wage is $7.25 per hour, 30 times this amount is $217.50 ($7.25 x 30).
| Disposable Weekly Income | 25% of Disposable Income | Amount Above 30x Federal Minimum Wage ($217.50) | Maximum Garnishment (Lesser of the two) |
|---|---|---|---|
| $400 | $100 | $182.50 | $100 |
| $1,000 | $250 | $782.50 | $250 |
(Note: The Florida Head of Family exemption applies first for qualifying individuals, offering greater protection at lower income levels than the federal standard).
Other Types of Income Exempt from Garnishment in Florida
Beyond wages, many other sources of income are protected by state and federal law, ensuring essential financial support for individuals and families.
- Social Security Benefits: Income from Social Security Disability (SSDI), Supplemental Security Income (SSI), and Social Security retirement benefits are generally protected from garnishment under federal law (42 U.S.C. 407).
- Veterans' Benefits: Payments from the Department of Veterans Affairs (VA), including disability compensation, pension, and education benefits, are typically exempt from garnishment under federal law (38 U.S.C. 5301).
- Retirement and Pension Benefits:
- ERISA-Qualified Plans: Most retirement plans that fall under the Employee Retirement Income Security Act of 1974 (ERISA), such as 401(k)s and 403(b)s, are protected.
- Florida Public Employee Pensions: Benefits from the Florida Retirement System (FRS) and other public employee pensions are exempt under Florida Statute 121.131.
- Public Assistance Benefits: Government assistance programs designed to help those in need are typically exempt under Florida Statute 414.075. This includes:
- Temporary Assistance for Needy Families (TANF)
- Food Stamp (SNAP) benefits
- Medicaid assistance
- Workers' Compensation Benefits: Payments received due to a work-related injury or illness are exempt from garnishment under Florida Statute 440.22.
- Unemployment Compensation Benefits: Income received from state unemployment programs is generally protected under Florida Statute 443.051(2)(e).
- Disability Income Benefits: Depending on the policy and source, certain disability insurance payments can be exempt under Florida Statute 222.18.
- Life Insurance Proceeds and Annuities: The cash surrender value of a life insurance policy and the proceeds from an annuity contract payable to a named beneficiary (other than the insured's estate) are often exempt under Florida Statutes 222.13 and 222.14.
Exceptions to Garnishment Exemptions
While many income sources are protected, there are critical exceptions where even otherwise exempt funds can be garnished:
- Child Support and Alimony: Orders for child support and alimony payments are among the most common exceptions. These funds are often garnished directly from wages or other income sources, even those typically exempt.
- Federal Student Loans: Defaulted federal student loans can lead to administrative wage garnishment, which bypasses some state exemptions.
- Federal Taxes: The Internal Revenue Service (IRS) can garnish wages or levy bank accounts for unpaid federal taxes, often overriding state and some federal exemptions.
- Court-Ordered Fines and Restitution: In some cases, income can be garnished to satisfy criminal fines or restitution orders.
Understanding which income sources are protected in Florida is crucial for individuals facing debt collection. Always consult with a qualified legal professional to understand your specific rights and obligations.
