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How do I get support deducted from this company?

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What is the name of your state (only U.S. law)? Florida

My ex owes more than $18K in child support and hides his income very well. I know the company he works for, but they have ignored the income deduction order. They claim he is not an employee. He's an "affiliate".

Apparently he is paid for referrals sent to them in the form of a credit to his credit card processing account with them. The money goes straight into a bank account.

Legally is this company supposed to comply? How can I find out how much he has been paid by them? He claims in court to have zero income. Would a private investigator be able to come up with proof of income?

Thanks so much.
 


single317dad

Senior Member
If you find out what bank the account is through, a judge can order that account seized. That may be the easier course of action. If the company is not paying him through traditional wages, forcing them to withhold a garnishment will be difficult or impossible.
 

single317dad

Senior Member
However, if he's a 1099 contractor, then Florida can/will/does garnish those payments. :cool:
And, by IRS regulations, that would be anyone whom they pay over $600 per calendar year for "services".

OP, if he's being paid, there should be a paper trail. If he truly is a "contractor", then the company is required to get a receipt from him or his company for all work performed and all payments made. If he is being paid, and the company paying him is not getting receipts, then they're probably not 1099ing him, and chances are the paying company is either ignorant or willfully circumventing IRS rules.

All this still doesn't make your task of collecting money any easier. Bank accounts, lottery winnings, settlements, and tax returns tend to be the easiest targets outside of contempt and bail.
 
I assume that you, or whomever is doing the enforcement, is using an Income Withholding Order, or, Income Deduction Order (I think is what it's called in Florida.)

Under such a vehicle, the Income which is attached is generally broadly defined by state law and includes not only wages, but commissions and independent contractor pay.

If it's a sizable company, they are probably not covering for him. They say he is an 'affiliate', which sounds like a MLM type deal; no matter.

So, if we assume he does earn money there, that the money would fall within the definition of 'income' and therefore subject to an 'income deduction order', but, and if we assume that the company is not covering, then that means the company is not paying him directly (regardless as to whether it is by check, cash or direct deposit), or else they would be complying.

Therefore, my guess is that your ex has created a corporation or llc and it is that entity that has the contractual relationship with the company and it is that entity which receives the money. Under such a scenario, the company would be correct to not deduct money, since, as of now, this presumed entity created by your ex, is not the debtor.

Do some discovery against the company. Check state or nationwide corporate records. If you find an entity associated with your ex, you or someone on your behalf will have to pursue some type of remedy, some of which may be, having the entity declared your ex's alter ego, a reverse pierce, amending the judgment, an affidavit of identity, or stock turnover order. (these are just a few possible remedies and they're not available in all states, and, some may only be temporary.) I suspect that if he has created such an entity, your bank levies will also fail because his accounts will be under the business name.

Stay on it. Don't give up. He can't hide forever (well, not happily, anyway.)
 

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