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Mazzella v. Boinis

Citations: 617 So. 2d 1156; 1993 WL 164891Docket: 92-3446

Court: District Court of Appeal of Florida; May 19, 1993; Florida; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by Barbara A. Mazzella, M.D., against a court order that allowed for the garnishment of her wages. The primary legal issue was whether Mazzella qualified for a statutory exemption from garnishment under Florida Statutes Section 222.11, based on her financial support of her adult son attending college. As an unmarried, divorced individual, Mazzella argued that she provided more than half of her son's support, thus qualifying her as the 'head of a family' and exempting her wages from garnishment. The court agreed, interpreting the statute to include adult children within the definition of 'child' and emphasizing the statute's intent to protect those supporting their families from financial hardship. The decision reversed the lower court's ruling, recognizing Mazzella as the head of a family in fact, based on her moral obligation to support her son, and concluded that she qualified for the wage exemption. The ruling underscores the significant public interest in the parent's entitlement to benefits under the statute, irrespective of the child's age or the parent's income level.

Legal Issues Addressed

Family in Fact versus Family in Law

Application: Mazzella was determined to be a 'head of a family in fact,' due to her moral obligation and continued support for her adult son, aligning with the statutory intent to protect from financial hardship.

Reasoning: In this context, Mazzella is acknowledged as a head of a 'family in fact' because she has assumed moral responsibilities to provide financial support and education for her son, despite him having reached adulthood.

Garnishment Exemption for Head of Family

Application: The court ruled that an unmarried, divorced individual providing more than half of a child's support qualifies for the garnishment exemption under Florida Statutes Section 222.11.

Reasoning: According to Florida Statutes Section 222.11 (1991), no garnishment can occur for individuals classified as the 'head of a family,' which includes unmarried or divorced persons providing over half of the support for a child or dependent.

Interpretation of 'Child' under Wage Exemption Statute

Application: The court interpreted 'child' to include both minor and adult children, allowing the head of family exemption without age restrictions on the dependents supported.

Reasoning: The court held that 'child' encompasses both minor and adult children, as there were no legislative restrictions limiting its definition.