How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22401
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I live in Florida and I recently remarried. I have two children

Resolved Question:

I live in Florida and I recently remarried. I have two children and he has two children. They all live with and get their support from us. I have a judgement against me from 2006 (original loan in 2002) from an Auto Loan I signed as "primary" for my ex husband that he was the co-signor. I get paid the 15th and 30th or 31st of every month. My disposable earnings for a two week period are $814.00 but if you break that down to weekly pay, it is less than $750 per week. My current husband makes significantly more than I do. They are going to garnish my wages. All of my husbands income goes to his bills before the marriage that he still has and his two children. All of my income goes to my two children and other household bills. We will be in the negative if they garnish my wages. Can I still claim "Head of Family Exemption"? And if I can will that protect our joint bank account that our wages are deposited into and bills are paid out of. Please note I have no other assets.
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Do you provide more than half the support for your children?
.
.
Thanks
Barrister
Customer: replied 12 months ago.

I noted above, that my current husband makes significantly more income than I do, and he provides more than half of his support for his pre marriage bills and his two children. I provide more than half of my support for my two children and also some of my income to the joint household bills for all 4 children. If he makes more than I do, does that matter since I provide more than half for my own children who live with us (his step children)

Expert:  Barrister replied 12 months ago.
If he makes more than I do, does that matter since I provide more than half for my own children who live with us (his step children)

No, husband's income is not relevant to this matter since the judgment is not against him. He has no legal obligation to provide support for your children unless he has adopted them.
.
So it only matters that you provide over half the support for them. If this is the case, then you would be legally considered eligible for the "head of household" exemption and they couldn't garnish your wages.
.
If you qualify, then they can't come after your wages directly by garnishment. Further once you commingle the wages with your spouse's income in the bank account, if you hold the account in "tenancy by the entirety" then it would be exempt as well. This is the typical way spouses hold bank accounts in FL, but you want to make completely sure that you hold the account this way.
.
You can contact your bank to make sure that any accounts are held a "tenancy by the entirety" accounts and then they would be completely exempt from creditors of just one spouse under FL law.
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 12 months ago.

Thank you! So if I file for head of family because I provide more than half of my own support for my own two children than would I include his income on my financial statement if its required since his income is not relevant?

Expert:  Barrister replied 12 months ago.
So if I file for head of family because I provide more than half of my own support for my own two children than would I include his income on my financial statement if its required since his income is not relevant?
.
No, you wouldn't include his income because he is not subject to any creditor action due to the debt being entirely yours. So what he makes doesn't have any bearing on this debt because it is between you and the creditor. Only if he was a co-defendant would you include his income.
.
Florida and Texas are probably the two most "debtor friendly" states there are.
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.



Customer: replied 12 months ago.

You have put my mind for my children and step children's sakes' to rest. Thank You. One last question, do you know where I can get this form online pursuant to Florida cases?

Expert:  Barrister replied 12 months ago.
Actually yes, you an find the claim of exemption form and the head of household affidavit below. You might need to change the location if you aren't in Miami-Dade County or visit your local county court website to print out the form.
.
http://www.google.com/url?sa=t &rct=j&q=&esrc=s&source=web&cd=3&ved=0CDoQFjAC&url=http%3A%2F%2Fwww.lsgmi.org%2Fdownloads%2FStoppingAFloridaGarnishment.pdf&ei=d0TkUYqeCces4AOO7YHYDQ&usg=AFQjCNF0X2xlL2bDg7zAE21V_C6gHX7f1Q&sig2=li8AxrSpq5l5lOP2t3bytw&bvm=bv.48705608,d.dmg&cad=rja
.
.
Thanks
Barrister
Customer: replied 12 months ago.

That form says $500 aren't we supposed to be $750 in Florida?

Expert:  Barrister replied 12 months ago.
Yes, that is correct, it must be an outdated form...Under FL Statutes 222.11 the exemption is:
.
(2)(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.
(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:

IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT.

(Consumer’s Signature) (Date Signed)

I have fully explained this document to the consumer.

(Creditor’s Signature) (Date Signed)

The amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(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.
.
.
But for all practical purposes, it is not limited to only $750. If you make over $750 in disposable earnings they are still exempt unless you have agreed in writing to waive the exemption. I have no idea why anyone would ever agree to waive that exemption....
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22401
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.