What is the name of your state? Illinois
I currently have several judgments totaling $40,000 for past due child support which I am seeking to enforce. For the past 6 years, the father claims to be unemployed, yet has continued to support himself. Although he says he “has nothing”, late last year he purchased (deed and mortgage are in his name) an apartment building which is fully occupied. The rental income is paid to an LLC he created (I do not know if he is the single member or there are multiple). To collect my judgments I would like to do a wage withhold based on the income he/the LLC is receiving from the apartment rentals.
My questions are as follows:
• Is rent considered as “income” for the owner of an apartment building? If so, can I attach this income via a court ordered wage withhold?• Is there any way I can find out if he is the single member of the LLC (created to receive the rent), or if there are multiple?
• If he is the single member, should the wage withhold be issued in his name or the name of the LLC or both? Are there advantages to doing it one way over the other?
• If there are multiple members, (or I can’t determine ownership) should I then issue the wage withhold in his name only?
• Being the owner, he will be the one to personally issue the payments. Can this be enforced in any way? What is the penalty if does not?
• How is his disposable income calculated? Besides operating expenses and federal taxes, can anything else be deduced from the gross income he receives?
• Are mortgage payments deducted from the gross income? Will the fact that he has never paid a mortgage payment on the property make any difference?
Although the building is in foreclosure, I am desperately seeking any available enforcement options I have in the meantime. Any answers, advice you could provide would be greatly appreciated!
Thank You!!
I currently have several judgments totaling $40,000 for past due child support which I am seeking to enforce. For the past 6 years, the father claims to be unemployed, yet has continued to support himself. Although he says he “has nothing”, late last year he purchased (deed and mortgage are in his name) an apartment building which is fully occupied. The rental income is paid to an LLC he created (I do not know if he is the single member or there are multiple). To collect my judgments I would like to do a wage withhold based on the income he/the LLC is receiving from the apartment rentals.
My questions are as follows:
• Is rent considered as “income” for the owner of an apartment building? If so, can I attach this income via a court ordered wage withhold?• Is there any way I can find out if he is the single member of the LLC (created to receive the rent), or if there are multiple?
• If he is the single member, should the wage withhold be issued in his name or the name of the LLC or both? Are there advantages to doing it one way over the other?
• If there are multiple members, (or I can’t determine ownership) should I then issue the wage withhold in his name only?
• Being the owner, he will be the one to personally issue the payments. Can this be enforced in any way? What is the penalty if does not?
• How is his disposable income calculated? Besides operating expenses and federal taxes, can anything else be deduced from the gross income he receives?
• Are mortgage payments deducted from the gross income? Will the fact that he has never paid a mortgage payment on the property make any difference?
Although the building is in foreclosure, I am desperately seeking any available enforcement options I have in the meantime. Any answers, advice you could provide would be greatly appreciated!
Thank You!!