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Chapter 222 — Property Exempt from Creditors

Florida Statute 222.11

“Exemption of wages from garnishment”

What it means

Section 222.11 protects the pay of a “head of family,” a term that includes any natural person who is providing more than one-half of the support for a child or other dependent. If a head of family's disposable earnings are $750 a week or less, all of them are exempt from attachment or garnishment. “Disposable earnings” are the earnings left after deducting amounts the law requires to be withheld.

Disposable earnings of a head of family above $750 a week may not be attached or garnished unless the person agreed otherwise in writing. The waiver must be in the same language as the contract, in a separate document attached to it, and in substantially the statutory form in at least 14-point type. Even with a waiver, the amount garnished cannot exceed the limit in the Consumer Credit Protection Act, 15 U.S.C. s. 1673. A person who is not a head of family is held to that federal limit.

Exempt earnings credited or deposited in a financial institution stay exempt for 6 months after the institution receives them, if the funds can be traced and identified as earnings. Mixing them with other funds does not by itself defeat tracing.

— What it says
  • A head of family includes any natural person providing more than one-half of the support for a child or other dependent. (§ 222.11(1)(c))
  • All disposable earnings of a head of family at $750 a week or less are exempt from attachment or garnishment. (§ 222.11(2)(a))
  • Above $750 a week, garnishment requires a written waiver in a separate attached document, in the statutory form, in at least 14-point type. (§ 222.11(2)(b))
  • A person who is not a head of family is limited to the amount allowed under 15 U.S.C. s. 1673. (§ 222.11(2)(c))
  • Exempt earnings deposited in a financial institution stay exempt for 6 months after receipt if traceable; commingling alone does not defeat tracing. (§ 222.11(3))

Text of the statute (2026)

§ 222.11(1)(c)
(c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.
§ 222.11(2)(a)
(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.
§ 222.11(2)(b)
(b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must: 1. Be written in the same language as the contract or agreement to which the waiver relates; 2. Be contained in a separate document attached to the contract or agreement; and 3. Be in substantially the following form in at least 14-point type:
§ 222.11(2)(c)
(c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.
§ 222.11(3)
(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.

Excerpts are the subsections the summary relies on. Read the full official text of § 222.11.

History. s. 1, ch. 2065, 1875; RS 2008; GS 2530; RGS 3885; CGL 5792; s. 1, ch. 81-301; s. 6, ch. 85-272; s. 2, ch. 93-256; s. 1, ch. 2010-97.

— In a Florida probate

How it applies

Section 222.11 applies when a creditor tries to attach or garnish earnings. Whether someone is a head of family depends on whether they provide more than one-half of the support for a child or other dependent. Above $750 a week, a written waiver in the statutory form is required before earnings may be attached or garnished. For wages already deposited, the statute turns on tracing: the funds must be identifiable as earnings, and commingling alone does not defeat that. The six-month period runs from when the financial institution receives the earnings.

Where this shows up

Pages on this site where § 222.11 does real work:

Questions people ask

Can my wages be garnished in Florida if I support my family?
If you provide more than one-half of the support for a child or other dependent, all disposable earnings of $750 a week or less are exempt (s. 222.11(2)(a)). Above $750 a week, garnishment requires a signed written waiver in the statutory form (s. 222.11(2)(b)).
How long are garnishment-exempt wages protected in a bank account?
Exempt earnings deposited in a financial institution are exempt for 6 months after the institution receives them, if the funds can be traced and identified as earnings. Commingling with other funds does not by itself defeat tracing (s. 222.11(3)).

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 222.11

Published by the Probate.Help editorial team.How these pages are written and checked.

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