Child Support Garnishment

by Steve from Okaloosa County, Florida

My question is I am currently having my child support deducted from my paycheck and have not missed a single payment for several years.

I have recently become unemployed due to the company shutting down.

I am in the process of starting my own business.

I must also add I do owe back support also. Its a rather large amount but that's another story.

Will my child support interfere with me starting my own business? And How do they garnish my wages when i will be receiving profit from the company?

Or do I need to list my self as a employee and receive a company check even thought I will be in fact the business owner? Thanks for your time and assistance.

Answer to Florida Child Support Question

Dear Steve,

First, congratulations on starting your own business.

America was built by entrepreneurs.

My suggestion is that you create a Limited Liability Company (LLC) as your business structure -- www.sunbiz.org.

Pay yourself a salary and have your child support deducted from your check, just as you suggested.

The LLC is a legal business entity separate from you. The LLC does not owe child support, you do.

My point is that once you become wildly successful in your new business and have amassed a fortune in your business bank account, that money cannot be easily attached or levied for payment of your child support obligation.

Notice that I said that money in your business bank account could not easily be levied or attached for a child support obligation.

If you again fall behind on your child support payments, and you are the only member of the Limited Liability Company, and there is money in your business bank account, Department of Revenue, may be able to successfully seize that money.

But as long as you continue paying the court ordered amount, which likely includes some amount towards arrears, they will be unlikely to attach your business account.

As far as whether a past due child support obligation will affect you in business -- it depends.

You will be disqualified from obtaining certain professional licenses, check the Department of Business and Professional Regulation website to find out which ones, www.myflorida.com.

And your past due child support obligation may show up on your credit report.

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