child support as the only income

**Palooka** · 07-23-2009, 07:08 AM

If you owe a debt and your only income is child support,(no job) can the creditors garnish those wages?

I did a search and the only thing I found was people that owe child support.

I typed another post, but because of the tags it would not let me post. (again)

Any info would be great and TIA.

**omalleyc** · 07-23-2009, 07:28 AM

Most states consider child support funds exempt from garnishment but you'll have to check your state law to see if your state is included. The clerk of the courts as well as a senior manager at your bank may be able to answer this.

**hotprincesscm** · 07-23-2009, 07:32 AM

Just my own personal opinion, but Child support, isn't "your" income, it's support for your children....So my logic tells me, that they can't take your children's money for your debt! But I have no legal or personal experience, just my own thoughts!

**Greebo** · 07-23-2009, 07:44 AM

Same answer as above - local law may vary but I don't think so, but as stated - child support isn't your "income", it's specifically for the child's care afaik.

**kita** · 07-23-2009, 07:49 AM

I would consider it the child's income. Aren't you supposed to be able to prove that it is spent to benefit the child? Or at least any child support given through disability? I have a friend whose ex has MS. Her child gets child support from disability from the gov, and I think she has to show that she is spending the money on the child.

**Palooka** · 07-23-2009, 08:14 AM

Originally Posted by kita

I would consider it the child's income. Aren't you supposed to be able to prove that it is spent to benefit the child? Or at least any child support given through disability? I have a friend whose ex has MS. Her child gets child support from disability from the gov, and I think she has to show that she is spending the money on the child.

Of course it's the childs income but the parent is in control because the child is a minor. And no, you don't have to prove nothing. Here is why....

Say I have a child that I have full custody of. If the other parent pays support then that money goes into a big pot. Rather I chose to pay my electic bill or a toothbrush or clothes, it doesn't matter. The money is there yes......for the help to support the child. My own dollar or the other parties dollar, one way or another will go into support for what that child needs.(of course I am talking about real parents here)

I think we are already going OT here, but I think I got my answer.

**Greebo** · 07-23-2009, 08:23 AM

Oh yeah - the Creditors might SAY they can garnish, but just so you understand, NO garnishment is possible without first there being a lawsuit filed, and a judgment won against you. Then they can file to garnish, and the judge will determine how much they can take.

The collectors will make it sound like they can just take it all, but the way you can tell if a collector is lying is to check their mouth. Moving? Lying.

**FrugalMomof3** · 07-23-2009, 08:32 AM

I am pretty sure they CANNOT take child support since it is not technically income or wages. Dont let a collection agency/person try to scare you into believing otherwise.

**Palooka** · 07-23-2009, 08:50 AM

Originally Posted by Greebo

Oh yeah - the Creditors might SAY they can garnish, but just so you understand, NO garnishment is possible without first there being a lawsuit filed, and a judgment won against you. Then they can file to garnish, and the judge will determine how much they can take.

The collectors will make it sound like they can just take it all, but the way you can tell if a collector is lying is to check their mouth. Moving? Lying.

That is true and all but I am wondering if they have done this to a person with the only income is child support...Because I would think that person would have a banking account for it so wages would be deposited and seen there. ya know? I wonder what the process would be or how they would figure out the income is sole child support and not from a job.

**Palooka** · 07-23-2009, 08:52 AM

Originally Posted by FrugalMomof3

I am pretty sure they CANNOT take child support since it is not technically income or wages. Dont let a collection agency/person try to scare you into believing otherwise.

I am not in collections at all. I was seriously storming this question in my head and really curious because I don't hear much about the topic.

**Sassyclass** · 07-23-2009, 09:28 AM

Do you claim child support on your Income Taxes? It isn't considered income and as Greebo pointed out no one can just garnish your wages. Tell them good luck they will have to take your Child Support Agency to court. If your support is handled the way it is here it goes through the Prosecuting Attorney's office. Start giving them the PA's name and number and tell them you will be contacting the PA yourself to discuss this matter. I bet that will end the calls. If they really want their money they will set up a payment plan that is comfortable for you.

Cat

**monkeywrangler71** · 07-23-2009, 10:48 AM

I don't know if my response will be of any use since laws vary from state to state and I'm, of course, not even in the same country. But when I worked at the bank I was the person in charge of third party collections.

First off, it was extremely rare for them to come from collection agencies. Collection agencies work on commission and it is more profitable for them to collect easy debts - going to court eats into their profit. Yes, it happened, but not much. Most of the court orders I received were for the collection of child support, occasionally for taxes, sometimes for large (and typically business related) debts. This may differ where you live, but unless an agency knew where you banked, they would have to send their order to every individual branch of every bank, as we would only act on an order for accounts held at the address written on the request. So, it's expensive and it's complicated - there needs to be enough money involved and a high enough probability of collection to make it worthwhile.

Secondly, wage garnishment was not done at the bank, wages were garnished at source. The garnishment order would go to the employer, that money would never make it to the bank. I don't know how that would even be possible with child support.

Thirdly, if I did have an order to collect funds out of an account, and there were funds in that account, I would take them. If the child support was just a cheque deposited into the account or a transfer from someone else's account, I would only see the money I wouldn't know its purpose. If they had funds that were exempt, they would have to make arrangements with the bank to keep that money available to them, or else we wouldn't know not to take it unless it was obvious. There were situations where an amount was exempt (usually child related income) and we would have a note on the account of the amount and just take anything deposited in excess of that amount - which would typically be nothing because no one is silly enough to put money into their account once it has a court order on it.

**craftypam** · 07-23-2009, 05:01 PM

Originally Posted by hotprincesscm

Just my own personal opinion, but Child support, isn't "your" income, it's support for your children....So my logic tells me, that they can't take your children's money for your debt! But I have no legal or personal experience, just my own thoughts!

I think this sounds right.

**McD** · 07-23-2009, 07:03 PM

Wage garnishment is different than a bank garnishment. Wage garnishment is where after all the proper legal steps are followed, your place of employment is issued with a court order to withhold money from your paycheck and send to the debtor.

Bank garnishment is where after all the proper legal steps are followed your bank is issued with an order to freeze the account for either whatever the garnishment amount is or for the full balance of your account if you have a lesser amount in your account than what is owed and the bank then sends that moeny on. If your child support is deposited into that account, you would be up a creek.

HTH.