IRS Wage Garnishment and Florida Law

Florida's wage garnishment protections are among the strongest in the country. Under Florida law, if you're the head of a household and earn $750 or less per week, your wages are completely exempt from garnishment by most creditors. Even above that threshold, the protections are significant.

The IRS doesn't follow Florida's rules. Federal tax levies on wages are governed by IRC section 6331, not state garnishment law. The IRS uses its own exemption table — based on your filing status and number of dependents — to calculate how much of your paycheck they can take. The exempt amount is typically much less than what Florida law would protect.

How Much the IRS Takes

The IRS wage levy is continuous — it takes from every paycheck until the debt is paid or the levy is released. The exempt amount for a single filer with no dependents is roughly $1,100 per month. Everything above that goes to the IRS. For a Sarasota worker earning $5,000 per month, that means the IRS takes nearly $4,000 per paycheck.

That's often the difference between keeping your home and losing it.

How to Stop It

The fastest path is setting up an installment agreement. Once a payment plan is in place, the IRS must release the wage levy. Demonstrating economic hardship is another route — if the levy leaves you unable to meet basic living expenses, the IRS is required to release it under IRC section 6343.

If the IRS is garnishing your wages, call me today. I've gotten wage levies released within days for Sarasota clients. The sooner you act, the fewer paychecks you lose.

I've spent 32 years resolving IRS tax debt for people across Southwest Florida. Free consultation — I'll tell you exactly where you stand.