What is the name of your state? Florida
I am a judgment debtor for the last several months. Judgment creditor is back in his home country and I have no idea when he comes back to US and try to collect the judgment.
My wife has no job for years and she also has no personal income and she simply takes care of our home. We have no children. Am I qualified for head of family exception under Florida statute 222.11 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/Sections/0222.11.html under which, “Head of family” includes “any natural person who is providing more than one-half of the support for a child or other dependent” to get head of family exemption from garnishment?
Now, starting from this month, if I move my salary, once I receive it (within 6 months after it is deposited), to a tenancy by entirety account (this account is except from my creditor), will it be a fraudulent transfer under Florida statute 726? My interpretation is that if I am head of family then my salary is except from creditor for up to 6 months based on 222.11(3) “Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings” therefore moving that money to another except account, tenancy by entirety, is not fraudulent transfer.
I am a judgment debtor for the last several months. Judgment creditor is back in his home country and I have no idea when he comes back to US and try to collect the judgment.
My wife has no job for years and she also has no personal income and she simply takes care of our home. We have no children. Am I qualified for head of family exception under Florida statute 222.11 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/Sections/0222.11.html under which, “Head of family” includes “any natural person who is providing more than one-half of the support for a child or other dependent” to get head of family exemption from garnishment?
Now, starting from this month, if I move my salary, once I receive it (within 6 months after it is deposited), to a tenancy by entirety account (this account is except from my creditor), will it be a fraudulent transfer under Florida statute 726? My interpretation is that if I am head of family then my salary is except from creditor for up to 6 months based on 222.11(3) “Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings” therefore moving that money to another except account, tenancy by entirety, is not fraudulent transfer.
