Friday, 01-Jul-2016, by admin | 0 Comment(s)
Florida law limits the amount that a creditor can take or seize or "garnish" from your wages to repay your debts. The Florida wage garnishment laws (also called wage attachments) generally follow the federal wage garnishment laws but some exemptions are available in Florida which might limit a creditors rights to garnish your wages. For the most part, creditors with judgments can only take up to 25% of your wages and only if your wages meet a minimum threshold. However, for a few types of debts, creditors can take more.
A wage garnishment or wage attachment is an order from a court or a government agency that is sent to your employer. It requires your employer to withhold money from your paycheck and send this money directly to your creditor.
Different garnishment rules apply to different types of debt -- and there are legal limits on how much of your paycheck can be garnished.
Most creditors cannot get a wage garnishment order until they have first obtained a court judgment stating that you owe the creditor money. For example, if you are behind on credit card payments or owe a doctor’s bill, those creditors cannot garnish your wages unless they first sue you and get a judgment.
There are a few exceptions to this rule. Your wages can be garnished without a court judgment for:
There are limits to how much money can be garnished from your paycheck. The idea is that you should have enough left to pay for living expenses.
Federal law places limits on wage garnishment amounts. While states are free to impose stricter limits, Florida has not done so. That means the federal law governs in Florida.
A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times federal minimum wage, whichever is less. In Florida, if your disposable income is less than 30 times federal minimum wage, your wages cannot be garnished at all.
"Disposable earnings" are those wages left after your employer has made deductions required by law. Examples of legally required deductions are federal, state and local taxes, social security and the employee portion of state unemployment compensation insurance. Deductions that are not required by law do not count to reduce your disposable income. These include union dues, life and health insurance and most retirement plan contributions.
Alex only works part-time. He makes $200 per week. This is less than 30 times federal minimum wage. A judgment creditor cannot garnish his wages.
Jose works full-time and takes home $1,200 per week after taxes. A judgment creditor could garnish Jose’s wages up to $300 per week. This represents 25% of Jose’s disposable income.
Casey works part-time and takes home $280 per week after taxes. Assuming federal minimum wage is $7.25 per hour, a judgment creditor can garnish $62.50 per week from Casey’s wages. This is less than 25% of Casey’s disposable income but is the amount by which Casey’s disposable income exceeds 30 times federal minimum wage.
Florida law does provide an exemption which is specific to wage garnishments. This exemption is not automatic and must be claimed by filing an affidavit with the Court when you are notified that the creditor intends to request a wage garnishment. If you properly claim the exemption, your wages cannot be garnished by a judgment creditor if you are head of the family and your wages are $750 per week or less. If you are a head of family and your wages exceed $750 per week, they can only be garnished by a judgment creditor if you have agreed in writing that the creditor can garnish your wages. To qualify as head of family, you must provide more than one half of the support for a child or other dependant.
Jose is married and supports his wife and child, providing more than one half of their support. He works full time and takes home $1,200 per week after taxes. He has not agreed in writing to any garnishments. If Jose claims the head of family exemption, a judgment creditor cannot garnish his wages.
If you owe child support, student loans, or taxes, the government or creditor can garnish your wages without getting a court judgment. The amount that can be garnished is different too.
Since 1988, all court orders for child support include an automatic income withholding order. The other parent can also get a wage garnishment order from the court if you get behind in child support payments. (To learn about income withholding orders and other ways child support can be collected, see Child Support Enforcement Obligations.)
Federal law limits what can be taken from your paycheck for this type of wage garnishment. Up to 50% of your disposable earnings may be garnished to pay child support if you are currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken. An additional five percent may be garnished for support payments over 12 weeks in arrears. (Learn more about wage garnishment for child support arrears.)
If you are in default on a federal student loan, the U.S. Department of Education or any entity collecting for this agency can garnish your wages without first getting a court judgment – this is called an administrative garnishment. The most that the Department of Education can garnish is 15% of your disposable income, but not more than 30 times the minimum wage. To learn more, see the articles in Student Loan Debt.
The federal government can garnish your wages if you owe back taxes, even without a court judgment. The amount it can garnish depends on how many dependents you have and your deduction rate.
States and local governments may also be able to garnish your wages to collect unpaid state and local taxes. Contact your state labor department to find out more. (You will find a link to your state labor department below.)
If you have more than one garnishment, the total amount that can be garnished is limited to 25%. For example, if the federal government is garnishing 15% of your income to repay defaulted student loans and your employer receives a second wage garnishment order, the employer can only take another 10% of your income to send to the second creditor.
Complying with wage garnishment orders can be a hassle for your employer; some might be inclined to terminate your employment rather than comply with the order. State and federal law provides some protection for you in this situation.
According to federal law, your employer cannot discharge you if you have one wage garnishment. However, federal law won’t protect you if you have more than one wage garnishment order.
Some states offer more protection for debtors. Florida law does not but it does allow employers to charge you for complying with wage garnishment orders. Florida employers may deduct these charges from your paycheck – up to $5 for the first garnishment deduction and up to $2 for any subsequent garnishment deductions.
To find more information about wage garnishment limits in Florida, including the procedures that employers must follow in carrying out wage garnishment orders, check out the website of the Florida Department of Economic Opportunity at www.floridajobs.org for state contact information.
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