My client is divorced and provides money to his former wife each month for child support. His ex-wife works but my client says his child support payment pays for most his child’s expenses. The child lives with their mother. The child is over 18 and in college. The client wants to know if his wages are exempt from a judgment creditor’s wage garnishment. Can the client claim to be head of household when his child lives in another home with a former spouse.
Florida law broadly defines “head of household.” The term includes a person who has either a legal obligation or a moral obligation to support another person. The supported person does not have to live with the debtor. Supported persons include former spouses, adult children, and other family members whether they live with the debtor or live separately.
Because my client is providing money for his child as court-ordered child support he is fulfilling a legal support obligation. All other facts do not afftect the exemption.