Attorney Matthew Militzok Wins Head of Household Garnishment Exemption Decision

In a recently published decision in Florida Law Weekly Supplement, Attorney Matthew J. Militzok successfully argued that a wage earner who provided more than one-half of the financial support of a parent and who otherwise had no other dependents (such as children), qualified for the head of household exemption under Chapter 222 of the Florida Statutes. The Debtor had incurred an unpaid credit card debt. The credit card company obtained a judgment and obtained a wage garnishment against the Debtor. The Debtor argued that she supported her parents who lived with her and as a result provided more than one-half of their financial support. The Judge ruled that although Florida case law had not previously recognized that parents could be specifically defined as “dependents”, she found that parents do qualify as dependents in the same way that dependent children do under the statute. Previously, case law found that dependents primarily included minor children and adult children who had a disability and were otherwise unable to support themselves. This decision is a victory for all debtors who ne

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