Which Wages Are Protected from Garnishment in Florida?

The statute defines key terms. Earnings include wages, salary, commission, or bonus for personal services. Disposable earnings are what remains after legally required withholding. A head of family is a person who provides more than one half of the support for a child or other dependent.

For a head of family, all disposable earnings of $750 a week or less are exempt. Disposable earnings over $750 a week may not be garnished unless the person agreed in writing. That waiver must be in the same language as the contract, in a separate document attached to it, and in a form set by statute in at least 14 point type. Even with a waiver, the amount garnished may not exceed the federal Consumer Credit Protection Act limit in 15 U.S.C. 1673. Under 15 U.S.C. 1673(b), the federal limit does not apply in the same way to support orders, chapter 13 bankruptcy orders, or state or federal tax debts, which this answer does not cover.

For a person who is not a head of family, disposable earnings may not be garnished beyond the federal limit in 15 U.S.C. 1673.

The protection can continue after payday. Exempt earnings deposited in a financial institution remain exempt for 6 months after receipt if they can be traced and identified as earnings. Commingling with other funds does not by itself defeat a head of family's ability to trace them. The broader collection process is covered in how a money judgment is collected in Florida.