U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Economics > Personal Finance
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 04-16-2012, 11:43 PM
 
2 posts, read 50,850 times
Reputation: 19

Advertisements

My husband owes arrears on child support. We have been paying monthly, but he is now self-employed after losing his job 4 years ago and we are still struggling to make ends meet. Talking to a case worker, who assured us that as long as we continue to pay what we can, even if its not the full amount due monthly, she won't suspend his license. We attempted to have the child support amount reworked and it was denied due to "increasingly lower monthly payments". In the meantime they have been watching my husbands business checking account and randomly taking any money in there out, even though it is a business account. Today I learned they put an $8,000 garnishment on the account, making it that much negative as there was only a dollar in the account at the time. The bank says they can do nothing. I have no ability to make up for the 8,000 deficit, (if I had that money sitting around, it would have been paid!!) They already get all of our tax returns ( i haven't even disputed that some of that money should be mine for our child) I'm just at a loss and have no idea what to do. Can anyone lend some advice?
Reply With Quote Quick reply to this message

 
Old 04-17-2012, 12:09 AM
 
Location: San Antonio/Houston
21,589 posts, read 23,714,857 times
Reputation: 51863
I don't think you can do much if anything, except see legal advice:
Cincinnati Wage Garnishment Attorney | Stop Pay Check Garnishments in Hamilton County | Covington KY Bankruptcy Law Firm
The creditor can take up to 25 percent of your wages, and all the money in your bank accounts.
States can freeze the bank accounts of people who owe child support.
Child support debts may leave some with no income

The laws:
PART 581—PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY :: PART 581--PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY :: CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT :: Title 5 - Administrative Personnel :: Code of Fe

There is maybe some help:
Escape Unfair Wage Garnishment | Child Support or Legal Settlements can keep you from surviving.


Garnishment of Bank Account (Child Support Funds Seized)

Good luck!
__________________
.
"No Copyrighted Material"
Moderated forums: Houston, San Antonio, Tallahassee, Macon, Duluth, Exercise and Fitness, Fish, Home Interior Design and Decorating.
When in doubt read: ToS, Mod List, Rules & FAQ's, Guide, CD Home page, How to Search
Reply With Quote Quick reply to this message
 
Old 04-17-2012, 08:29 PM
 
2 posts, read 50,850 times
Reputation: 19
Thanks, but my challenge is that the garnishment is for child support. We pay monthly, but are in arrears. So they thought that putting our business bank account -8,000 would be the answer when in fact it cripples us from being able to send them any payments at all. Makes sense to me.
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 01:08 AM
 
590 posts, read 1,069,111 times
Reputation: 387
The only thing I can suggest is to take out a loan to cover the payments.

I do find it incredulous that a state would seize money that isn't in the account and deprive your husband's business from operating because they essentially froze his account and now he doesn't have access to money for business expenses. To end that you may find it better to restructure the business as an LLC or something along those lines to create a separate legal entity the state cannot touch. For similar reasons it may be better to separate your bank accounts and file tax returns as married filing separately until this is sorted out.
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 02:02 AM
 
Location: San Antonio/Houston
21,589 posts, read 23,714,857 times
Reputation: 51863
^^^ I agree with that!
__________________
.
"No Copyrighted Material"
Moderated forums: Houston, San Antonio, Tallahassee, Macon, Duluth, Exercise and Fitness, Fish, Home Interior Design and Decorating.
When in doubt read: ToS, Mod List, Rules & FAQ's, Guide, CD Home page, How to Search
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 10:37 AM
 
Location: Galloway, NJ
1,887 posts, read 2,405,473 times
Reputation: 1651
Quote:
Originally Posted by awwc View Post
Can anyone lend some advice?
Simple. Separate accounts for everything. Also file taxes separately, this way you get your share. As for the business account, create another business in your name, have your husband operate under your business, depositing money into YOUR business account. They can't touch your accounts.
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 11:23 AM
 
Location: Oakland CA
7,604 posts, read 10,628,219 times
Reputation: 8348
Quote:
Originally Posted by awwc View Post
Thanks, but my challenge is that the garnishment is for child support. We pay monthly, but are in arrears. So they thought that putting our business bank account -8,000 would be the answer when in fact it cripples us from being able to send them any payments at all. Makes sense to me.
If your idiot bank actually debited your account 8K that you didn't have to send out to them, and if that pays them off, all you have to do is pay the bank back. You should be in the clear child support wise.

And if your bank was stupid enough to actually DO THIS -- then screw over your bank.

I used to handle these types of transactions at two different local banks I worked for and we never never ever overdrew the account -- we zero'ed it out, took our fee and sent what was left to the judgement holder. It makes no sense for the bank to be left holding the bag while everyone else gets satisfied.

BUT -- this isn't the first time I've heard something like this that flys in the face of what I was taught. And I'm betting you bank at a big bank. Normally I don't say stuff like this, but if your bank is really so stupid to do something so patently WRONG -- screw them.

After years of working at small banks who followed the rules and didn't get caught up in all the stuff I've been reading about for the past several years, the big banks need to be taught lessons.
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 02:16 PM
 
590 posts, read 1,069,111 times
Reputation: 387
I think if you screw over the bank, they will black list you which will limit your ability to open a new bank account. They may also file a judgement against you.
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 02:37 PM
 
Location: Holmdel, NJ
17,678 posts, read 14,546,469 times
Reputation: 10180
see if you can get the child to return some of the money that wasnt given to him to aid in his upbringing. see if you can get him to suspend his needs going forward until your husband is in a better financial position.
Reply With Quote Quick reply to this message
 
Old 04-18-2012, 02:47 PM
 
6,398 posts, read 4,459,888 times
Reputation: 5029
Quote:
Originally Posted by CaptainNJ View Post
see if you can get the child to return some of the money that wasnt given to him to aid in his upbringing. see if you can get him to suspend his needs going forward until your husband is in a better financial position.
Wow. But I do see what you are saying.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Economics > Personal Finance

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top