Head Of Household May Not Protect Active Military Personnel
Creditors cannot garnish wages of Florida debtors who qualify as head of household. That’s the general rule. I represented a Florida resident who lived with and supported a minor child. The client was in active military duty stationed outside of Florida. The judgment creditor served a writ of garnishment on the military. The debtor responded to the writ claiming the creditor could not garnish her pay because she was a Florida resident and head of household. The military responded that they were still required to hold her pay in response to the writ regardless of Florida’s garnishment exemptions. Here’s why.
The military states that the creditor procedure for military personnel is not a court ordered garnishment, but it is an administrative procedure called “involuntary allotment.” Involuntary allotment is used because military personnel reside all over the country and are constantly being relocated. Involuntary allotment is governed by 32 CFR Part 113. The procedure has no provision for garnishment exemptions based upon state law. Therefore, head of household exemptions do not protect against garnishment of military salary using the administrative procedure of involuntary allotments.
