If I owe money in back child support and just opened a LLC business, can the child support put a lien on my LLC bank account?

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If I owe money in back child support and just opened a LLC business, can the child support put a lien on my LLC bank account?

And, if so, how should I have business set up – C corp, S corp, etc? I am the owner and my grandmother is a member of the LLC. I was out of work for 3 years and the child support kept adding up. I’ve been current for the past 3 1/2 years and pay extra $200 a month on the back support.

Asked on October 30, 2012 under Business Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are current and are paying extra for back child support, nothing really will be garnished at this point. Yes, an attachment could be made no matter whether you have a corporation (s corp means pass through taxation) or an LLC because if any of those monies wind up being comingled back and forth, the court will look past the company to attach personal liability. Bottom line....just keep paying. It is cheaper to accept back payments in this manner than to go through the court of process of obtaining a full judgment and then having to garnish.


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