Married debtors might get a unique opportunity over unmarried debtors in defending wage garnishments. Exemption from the garnishment of all the disposable earnings is allowed to any Head of a family under Section 222.11 of the Florida Statutes. According to Section 222.11(1)(c), ‘Head of the family’ is defined as any person who provides more than 50% support of the dependents.
Thus, both the spouses can exempt their wages from garnishment, if each is providing more than half of the child support. Another trick used in a bankruptcy case is of filing for ‘Tenancy by the Entireties’, in which all the titled marital property can be protected from liquidation if the filer’s spouse is a non-filer.
Usually, the married couples are declared bankrupt in a single document, “Joint Petition”, which needs only a single fee for filing. However, there would be a loss of personal property worth more than the state exemption amounts, as “Tenancy by the Entireties” is not allowed in joint petitions. A unique opportunity for married couples will be the filing of one spouse, claim the exemption for entireties and then after that case closes, filing the second spouse and claiming an exemption for entireties again.
A bankruptcy attorney can provide you with unique strategies to deal with bankruptcy or to defend garnishments, and the Recovery Law Group is the best choice for it. You can contact them at www.recoverylawgroup.com or on 888-297-6203.