juliamonique
Member
What is the name of your state? Florida
I am a female and married to my husband for 10 years. He has no income for last 5 years and I have a job. I lost a lawsuit against one of my relatives and she is aiming to garnish my salary. Does Florida Statute 222.11 protects my salary treating me as head of family? 222.11 (2)(b) is “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.”
One worry some case I have seen is at
https://www.leagle.com/decision/198358829br5591442 “[The] claim of the Debtor that by virtue of the fact that she [debtor] now resides with her daughter and son-in-law, she is in fact the head of the household of that family unit, therefore, she is entitled to the benefits of the exemption laws accorded to heads of household by § 4, Art. X, Florida Constitution, independent of the right to claim exemption as a surviving spouse under 222.19(2) of Fla.Stat. It is without dispute that before one can claim the benefits of the exemption laws of this State, there must be at least two persons who live together in relation of one family and one of them must be the head of the family. The family unit required may be family-in-law, that is the relationship of husband and wife, parent and child, or family in fact, a relationship in which there is an established and continuing personal authority, responsibility and obligation upon one as the head of the family, for the welfare of others who in fact recognize and reserve a family relationship to the one as the head of the family. In re Kionka's Estate, supra. The requirement of a legal or moral obligation to discharge the duties is an indispensable element to the claim, but financial support by itself is not determinative. The parties cannot stipulate as to the family relationship. Solomon v. Davis, 100 So.2d 177 (Fla. 1958). A personal authority and responsibility is prerequisite and there must be a continuing authority and responsibility which rests upon one as the head for the welfare of the others. The obligation may be placed either on a legal or moral duty to support, but the relationship must be permanent. In re Kionka's Estate, supra.
Applying the foregoing principles to the undisputed facts in this case, it is clear that the Debtor is not entitled to claim head of household status in the legal sense, and is, therefore, not entitled to the benefits of the state exemption laws. The family unit of which she claims to be the head of the household consists of herself, her married daughter and her son-in-law. There is no evidence in this record that indicates that neither her daughter nor her son-in-law are not able to fend for themselves; cannot function without the aid of the mother and especially that the husband of the daughter is unable to discharge his duties as head of his family, i.e. the family unit consisting of himself and his wife either because of mental or physical condition which is permanent in nature. There is no evidence in this record that the Debtor exercises any authority over responsibility for her daughter and son-in-law, or that she discharges any duties as the head of the household. The married daughter and the son-in-law could, at any time, if economic conditions change, decide to depart and establish their own independent existence away from the mother. It is clear that the facts of this case do not warrant a finding that the Debtor is, in fact, the head of household in her own right. Therefore, she is not, under either theory, to claim the benefits of the exemption laws of this State.”
I am a female and married to my husband for 10 years. He has no income for last 5 years and I have a job. I lost a lawsuit against one of my relatives and she is aiming to garnish my salary. Does Florida Statute 222.11 protects my salary treating me as head of family? 222.11 (2)(b) is “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.”
One worry some case I have seen is at
https://www.leagle.com/decision/198358829br5591442 “[The] claim of the Debtor that by virtue of the fact that she [debtor] now resides with her daughter and son-in-law, she is in fact the head of the household of that family unit, therefore, she is entitled to the benefits of the exemption laws accorded to heads of household by § 4, Art. X, Florida Constitution, independent of the right to claim exemption as a surviving spouse under 222.19(2) of Fla.Stat. It is without dispute that before one can claim the benefits of the exemption laws of this State, there must be at least two persons who live together in relation of one family and one of them must be the head of the family. The family unit required may be family-in-law, that is the relationship of husband and wife, parent and child, or family in fact, a relationship in which there is an established and continuing personal authority, responsibility and obligation upon one as the head of the family, for the welfare of others who in fact recognize and reserve a family relationship to the one as the head of the family. In re Kionka's Estate, supra. The requirement of a legal or moral obligation to discharge the duties is an indispensable element to the claim, but financial support by itself is not determinative. The parties cannot stipulate as to the family relationship. Solomon v. Davis, 100 So.2d 177 (Fla. 1958). A personal authority and responsibility is prerequisite and there must be a continuing authority and responsibility which rests upon one as the head for the welfare of the others. The obligation may be placed either on a legal or moral duty to support, but the relationship must be permanent. In re Kionka's Estate, supra.
Applying the foregoing principles to the undisputed facts in this case, it is clear that the Debtor is not entitled to claim head of household status in the legal sense, and is, therefore, not entitled to the benefits of the state exemption laws. The family unit of which she claims to be the head of the household consists of herself, her married daughter and her son-in-law. There is no evidence in this record that indicates that neither her daughter nor her son-in-law are not able to fend for themselves; cannot function without the aid of the mother and especially that the husband of the daughter is unable to discharge his duties as head of his family, i.e. the family unit consisting of himself and his wife either because of mental or physical condition which is permanent in nature. There is no evidence in this record that the Debtor exercises any authority over responsibility for her daughter and son-in-law, or that she discharges any duties as the head of the household. The married daughter and the son-in-law could, at any time, if economic conditions change, decide to depart and establish their own independent existence away from the mother. It is clear that the facts of this case do not warrant a finding that the Debtor is, in fact, the head of household in her own right. Therefore, she is not, under either theory, to claim the benefits of the exemption laws of this State.”
