Wage Garnishment Limits in Florida
At a glance
| Governing law | Wage garnishment exemption: Fla. Stat. § 222.11; support income-deduction system: Fla. Stat. §§ 61.12, 61.1301 |
|---|---|
| Maximum that can be garnished | For most earners: the federal cap adopted by reference (lesser of 25% of disposable earnings or the amount over 30x federal minimum wage, Fla. Stat. § 222.11(2)(c)); a head of family is fully exempt up to $750/week and needs a written waiver to be garnished above that |
| State rule vs. federal floor | Adopts the federal cap as-is for most earners, but layers a far more protective head-of-family exemption on top for anyone supporting a dependent |
| Minimum-wage protected floor | Same as the federal formula it adopts: 30x the federal minimum hourly wage, with no separate Florida multiplier |
| Support, tax & student loan debts | Alimony and child support use separate income-deduction orders (§§ 61.12, 61.1301); the federal support cap is 50%-65% depending on other dependents and arrears (15 U.S.C. § 1673(b)); an order can require additional withholding for arrears (§ 61.1301(1)(b)) |
| Head-of-household/family exemption | All disposable earnings of a head of family at or under $750/week are exempt; above that, a written waiver meeting statutory form rules is needed (§ 222.11(2)); traceable deposited earnings remain exempt for 6 months (§ 222.11(3)) |
| Multiple garnishments at once | For multiple support income deduction notices, Fla. Stat. § 61.1301(4) prorates available income among obligee families when combined demands exceed the available amount and gives current support priority over arrears |
| Protection from being fired | Beyond the federal single-garnishment rule, Florida makes disciplining an employee over a continuing alimony/child-support garnishment a contempt of court (Fla. Stat. § 61.12(2)) and separately imposes a $250-$500 civil penalty plus a private right to sue for reinstatement and lost wages for firing over a support income deduction order (§ 61.1301(2)(j)) — protections not limited to a single garnishment |
Requirements one by one
Garnishment cap and protected earnings
For a worker who is not a head of family, Fla. Stat. § 222.11(2)(c) adopts the federal limit in 15 U.S.C. § 1673(a): the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum hourly wage for the workweek. Florida sets no different multiplier in this provision.
A “head of family” provides more than half the support for a child or other dependent (§ 222.11(1)(c)). Their disposable earnings of $750 a week or less are exempt. Above $750, an ordinary creditor needs a written waiver; even then, § 222.11(2)(b) keeps the federal cap. Traceable exempt earnings remain protected for six months after deposit (§ 222.11(3)).
Support orders and competing deductions
Alimony and child support use the continuing writ and income deduction procedures in Fla. Stat. §§ 61.12 and 61.1301. The federal support ceiling in 15 U.S.C. § 1673(b)(1)-(2) is 50% or 60% of disposable earnings, depending on whether the worker supports another spouse or dependent child; it rises to 55% or 65% for qualifying support arrears. Fla. Stat. § 61.1301(1)(b) tells an income deduction order when to add arrears withholding, subject to the federal ceiling. When several families' notices exceed available income, § 61.1301(4) prorates it and prioritizes current support.
Employment protection
Under Fla. Stat. § 61.12(2), employer discipline solely because a continuing support writ is in effect constitutes contempt. Section 61.1301(2)(j) also prohibits discharge, refusal to hire, or discipline because of an income deduction order, with a civil penalty of up to $250 for the first violation or $500 later. Federal law separately bars discharge over garnishment for one indebtedness (15 U.S.C. § 1674).
What trips people up
The head of family exemption turns on actual support of a dependent, not a job title or household label. A waiver above $750 per week must be in the contract's language, in a separate attached document, and substantially in the statutory form in at least 14-point type (§ 222.11(2)(b)). A support order follows the distinct chapter 61 process; the ordinary-creditor exemption should not be used to calculate its deduction.
Common questions
Do deposited wages lose their protection? No. Section 222.11(3) preserves the exemption for six months if the funds can be traced and identified as earnings.
Does a support arrearage always add 20%? Section 61.1301(1)(b) directs additional withholding through the income deduction order when arrears are specified or a qualifying delinquency arises, within the federal support ceiling.
Statutes and sources
- Fla. Stat. § 222.11 (head of family definition, exemption, waiver and deposit rule): https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/Sections/0222.11.html (accessed 2026-10-06).
- Fla. Stat. § 61.12 (continuing support writ): https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.12.html (accessed 2026-10-06).
- Fla. Stat. § 61.1301 (income deduction, arrears, allocation and employment protection): https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.1301.html (accessed 2026-10-06).
- 15 U.S.C. § 1673 (ordinary and support caps): https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-06).
- 15 U.S.C. § 1674 (single indebtedness discharge protection): https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-06).
Source links
Every statute quoted above, linked, with the date we checked it.
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