Using The Head Of The Family Exemption In Bankruptcy

  • Family Exemption

Using The Head Of The Family Exemption In Bankruptcy

Call: 888-297-6203

In Chapter 13 bankruptcy, the head of the family exemption to garnish the wage is also applicable. According to this statutory exemption (Fla. Stat. Ann. § 222.11(1) (c)), any individual providing more than half of the support for child or for another dependent is considered to be the head of the family. This allows an exemption for all of the earnings of the head of the family from attachment or garnishment, providing their disposable earnings is not more than the statutory amount. Moreover, the exceeding disposable earnings might not be garnished without the individual’s consent in writing. Also, the amount for garnishment in such a case is limited by 15 U.S.C. § 1673.

In case, the filer’s dependent is a spouse, the dependent spouse’s income must not be sufficient to take care of him or herself without the financial support from the filing spouse. However, if the claimant’s dependent is capable of independently supporting him or herself, the claimant will not be eligible for this exemption. The purpose of this exemption is to protect the home of the family and the family unit so that the family does not become a public charge.

To know more about this exemption, visit Recovery Law Group or call on 888-297-6203.