Head of family status and money transfer

[stealth2]

This is not my focus but I am responding to clarify your question: court did not order me to pay anything and did not give any deadline for me to do so. I am not generous or nice enough to pay it on my own. Creditor has the right to collect from me legally.

If you can, please answer my above question.

Uummm, no thank you. You know you owe this person money. So why not just repay what you owe? The more difficult you make it, the more likely a judge will order you to also pay the legal fees incurred in collection.

 

[namoria]

Uummm, no thank you. You know you owe this person money. So why not just repay what you owe? The more difficult you make it, the more likely a judge will order you to also pay the legal fees incurred in collection.

I know but my focus is not on this matter, thank you.

 

[BuyLowSellHigh]

You are asking questions that are not simple yes or no questions because they require additional information. When I needed asset protection in Florida, I setup a new joint tenancy by the entirety account with my wife at a local Florida credit union. I had my paycheck directly deposited into this account. I depleted other funds that I had by paying normal monthly expenses.

Before giving the funds to your wife or other family members you should review your situation with an asset protection attorney. You need an attorney to provide a legal opinion of the law based on all the details of your situation if you want to give money away to relatives or repay debts to relatives.

 

[Zigner]

This is not my focus but I am responding to clarify your question: court did not order me to pay anything and did not give any deadline for me to do so. I am not generous or nice enough to pay it on my own. Creditor has the right to collect from me legally.

If you can, please answer my above question.

Your response doesn't address or clarify anything. Why not just pay what you owe?

 

[stealth2]

Why not just pay what you owe?

It's not his focus.

 

[LdiJ]

Your response doesn't address or clarify anything. Why not just pay what you owe?

It is also possible that he simply cannot pay what he owes.

 

[Ohiogal]

It is also possible that he simply cannot pay what he owes.

He answered he is not focused on that. He seems to be focused on trolling this forum.

 

[stealth2]

if I give away that salary to <snip> or someone else as a gift (or pay the personal bills of someone else)

Yet he can afford to give the money as a gift? Mmmmmmm.... He just wants his creditor to work for the money he's owed (and he said as much).

 

[namoria]

I have no money to pay to the creditor and I cannot do it in the next 100 years even if I get 50 times of my current salary. I have no money at present to give any gift or pay personal bills of anyone. That is why I used “if” (see below). I want to be educated that’s why I approached this forum. My question is: prior to the court decides that I am (or any debtor) head of family, can I give my salary to someone else without committing fraudulent transfer OR do I need to wait until the court decides that I am head of family to give my salary to someone else and still avoid fraudulent transfer.



I am surprised to see some people in this forum are focusing on peripheral issues than giving a straight forward answer to the main question.

Starting from this month, each month, as soon as I receive my salary from my employer, if I give away that salary to my wife or someone else as a gift (or pay the personal bills of someone else), will those transfers/payments be considered as fraudulent transfer under Florida statute 726? My interpretation is that if I am head of family then my salary is exempt from the creditor for up to 6 months based on 222.11(3) “Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings” therefore I am free to do whatever I wish with that except salary during that 6 month window.

 

[Ohiogal]

I have no money to pay to the creditor and I cannot do it in the next 100 years even if I get 50 times of my current salary. I have no money at present to give any gift or pay personal bills of anyone. That is why I used “if” (see below). I want to be educated that’s why I approached this forum. My question is: prior to the court decides that I am (or any debtor) head of family, can I give my salary to someone else without committing fraudulent transfer OR do I need to wait until the court decides that I am head of family to give my salary to someone else and still avoid fraudulent transfer.



I am surprised to see some people in this forum are focusing on peripheral issues than giving a straight forward answer to the main question.

Starting from this month, each month, as soon as I receive my salary from my employer, if I give away that salary to my wife or someone else as a gift (or pay the personal bills of someone else), will those transfers/payments be considered as fraudulent transfer under Florida statute 726? My interpretation is that if I am head of family then my salary is exempt from the creditor for up to 6 months based on 222.11(3) “Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings” therefore I am free to do whatever I wish with that except salary during that 6 month window.

ASK AN ATTORNEY. This question has been answered and no one is going to help you avoid your creditors. Unless they are as immoral and unethical as you are.

 

[Eekamouse]

I have no money to pay to the creditor and I cannot do it in the next 100 years even if I get 50 times of my current salary. I have no money at present to give any gift or pay personal bills of anyone. That is why I used “if” (see below). I want to be educated that’s why I approached this forum. My question is: prior to the court decides that I am (or any debtor) head of family, can I give my salary to someone else without committing fraudulent transfer OR do I need to wait until the court decides that I am head of family to give my salary to someone else and still avoid fraudulent transfer.



I am surprised to see some people in this forum are focusing on peripheral issues than giving a straight forward answer to the main question.

Starting from this month, each month, as soon as I receive my salary from my employer, if I give away that salary to my wife or someone else as a gift (or pay the personal bills of someone else), will those transfers/payments be considered as fraudulent transfer under Florida statute 726? My interpretation is that if I am head of family then my salary is exempt from the creditor for up to 6 months based on 222.11(3) “Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings” therefore I am free to do whatever I wish with that except salary during that 6 month window.

Yet you incurred this debt with no problem. Did you incur it knowing you had no intention of paying it off? Judging from the bolded, I'd say you never had any intention of paying it. You're a scam artist, aren't you?

 

[stealth2]

Perhaps it's time for Mrs. Namoria to get a job?

 

[quincy]

I have no money to pay to the creditor and I cannot do it in the next 100 years even if I get 50 times of my current salary. I have no money at present to give any gift or pay personal bills of anyone. That is why I used “if” (see below). I want to be educated that’s why I approached this forum. My question is: prior to the court decides that I am (or any debtor) head of family, can I give my salary to someone else without committing fraudulent transfer OR do I need to wait until the court decides that I am head of family to give my salary to someone else and still avoid fraudulent transfer.



I am surprised to see some people in this forum are focusing on peripheral issues than giving a straight forward answer to the main question.

Starting from this month, each month, as soon as I receive my salary from my employer, if I give away that salary to my wife or someone else as a gift (or pay the personal bills of someone else), will those transfers/payments be considered as fraudulent transfer under Florida statute 726? My interpretation is that if I am head of family then my salary is exempt from the creditor for up to 6 months based on 222.11(3) “Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings” therefore I am free to do whatever I wish with that except salary during that 6 month window.

Have you considered bankruptcy?

Here are two links to legal resources in Florida, with legal assistance potentially available to you for free or at low-cost if you have a qualifying income:

https://www.flcourts.org/Resources-Services/Court-Improvement/Self-Help-Information/Legal-Aid

https://www.flsb.uscourts.gov/legal-assistance

The past year has been financially difficult for many people and debts have gone unpaid. The debts, however, have not just disappeared. Ignoring the existence of these debts or trying to avoid your obligations to pay these debts is not the smartest way to operate.

Instead of worrying about fraudulent transfers, I suggest you start getting a handle on your finances by meeting in person with a legal professional in your area.

 

[namoria]

Thanks everyone for the valuable suggestions.

“Perhaps it's time for Mrs. Namoria to get a job?” for clarification purposes, if my wife is not simply doing a job (even if she has the ability to do) then will it affect my status as head of family? Say it in different words, to claim myself as head of family, whether my wife must have some disability or some other physical/mental issue which hinders her from doing a job?

 

[quincy]

Thanks everyone for the valuable suggestions.

“Perhaps it's time for Mrs. Namoria to get a job?” for clarification purposes, if my wife is not simply doing a job (even if she has the ability to do) then will it affect my status as head of family? Say it in different words, to claim myself as head of family, whether my wife must have some disability or some other physical/mental issue which hinders her from doing a job?

No. The fact that your wife is unemployed does not affect your status as head of household. If your wife is able to get a job, however, her income can make it easier for you to pay off your debts.