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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?
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.
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.
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.
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.
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.
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.
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.
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Makes sense to me.
