I have 2 questions. Let me start off by saying that I am the noncustodial parent, but due to economic hardships, my current child support monthly payment has been reduced to zero (not by my doing). First question is this. My wife will be receiving a workers comp settlement for a back injury sometime in the near future. Will child support attach that as part of my income (as we are married)? I don't think they will, but I want another opinion. My second question is will child support garnish my bank account that is set up solely for receiving student financial aid? I am a full time student, and my grants, loans and any other college aid will be directly deposited into this student account. These deposits will be lump sum payments, for the purpose of funding my educational expenses. I know that CA child support services is supposed to intercept 25% of any settlement or lump sum payment I receive (such as lottery winnings or cash winnings). I am not a dead beat dad who is trying to get out of my child support obligations, so keep that opinion to yourself when answering. Just another victim of a bad economy.|||If it's her workman's comp it counts as HER income -- not yours -- even if your married. At the moment the law probably views you as separated because your paying child support and probably have a custody/visitation agreement with your spouse.
Her injury. Her income.
I don't think they will so long as you have the documents to prove every penny in the student account -- should it come up in court.|||Sounds like your child is the victim of a bad economy.|||To answer your first question no they will not take anything that is for you current wife. Just because you are married does not make her responsible for your child support and as far as the second question if they have reduced your child support then they are not going to garnish anything and they can't garnish bank accounts unless you give them that authority. They will have to ask your permission before they do anything of that nature.|||I don't know but I don't want to pay my taxes to feed your kids. Your responsibility, figure it out.|||You need to consultant an attorney. The laws have changed over the past few years and the way child support is collected will surprise you but this is what happens when you are not married with a family but I am sure you will be able to work it out. Your wife is safe it is you that they will go after. The state will even have your driver's license suspended before you can pay off your back payment and they will also put out a bunch warrant to have you arrested and you will stay in jail until that back payment is paid in full so I would borrow monies to hire an attorney and go to court and have your attorney explain for you that you have no income and for them to lower your payments until you are able to get back on your feet. Please be warned that if you do nothing about this, child support will have you locked-up! Take this very serious, don't sleep on this regardless of you not having the funds to pay, you are under a court order to pay and pay on time or they will have you locked-up. Good luck...|||You want to ensure that every penny you receive is freed up from the back child support you owe. What are your children eating while you go to school? Sounds like they're the real victims.|||To my understanding it is up to your bank whether or not the money is given to Child Support. I have learned the hard way that child support can run your name and take whatever is in the account and the levy letter comes after the fact. If you have the account in your name and they know about it they will go in and take what is in there. It is best to continue to pay them something so that you dont have a large amount in the arrears. As long as your trying to pay something they wont consider you running away from the issue but unfortuantely because there are so many fathers and mothers who dont do what they are suppose to they often have no empathy for those of you who try and do things the correct way. Your all part of the melting pot that Child Support puts you in. As far as your wife goes they will not directly take from her but they may consider the fact that there are two incomes in one home and you should be able to pay something to them. My advice to you would be to get in contact with a lawyer or legal aide to find out more on what you shoudl do. Good Luck to you and no I dont think every father who has a child support order and cant pay is dead beat I think sometimes you guys just get the shorter end of the stick and there is always two sides to a story. Some women ask for the support for all the wrong reasons and dont have the childs' well being in mind at all....Good LUCK
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment