What accounts are subject to garnishment regarding past due child support?

UPDATED: May 30, 2012

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What accounts are subject to garnishment regarding past due child support?

I had the funds taken out of my personal bank account by the state department of revenue for back child support. If I open a business account name that is a registered LLC (that I am the only member manager of) will that account be subject to having the funds withdrawn as well? I have been told that the account cannot be touched by them because it is an LLC is this true? Are the funds safe from them or a court order for garnishment. This account is for payroll and supplies.

Asked on May 30, 2012 under Family Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are the sole owner of the limited liability company that you wish to create and run your business under, any and all bank accounts of this limited liability company would be subject to levy with respect to the judgment against you that you have written about.

The rationale is that you own the entity, not someone else where you solely work as an employee. I suggest that you try and enter into a written agreement with the person garnishing your wages to make monthly installments on your past child support obligations so you do not have to worry about any wage garnishments.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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