Can my ex form a "company" to avoid paying child support?

Asked over 1 year ago - Atlanta, GA

He has not paid child support for our 4 kids in close to a year. There is currently a warrant out for his arrest in GA ( where we live) because of this. I am having trouble getting his wages garnished because he works with a steady employer but as a 1099. I recently found out that he formed a "company" to avoid me getting any money that he owes. His checks are made out to this company each week. keep in mind he is the only employee in his fake company. Can he get away with this? How can I garnish his wages this way? Also last year the government gave me his tax return money because he was so behind then as well. Since he is filing as a company this year I am not sure if I will see any of it. What should I do?

Attorney answers (2)

  1. Adelle Petersen

    Contributor Level 2

    Answered . You could hire an attorney to file a civil contempt charge to get the back child support. Some attorneys, like myself, will not charge the client but ask for the judge to include the attorney fees in the contempt judgement.

    It sounds like he is going to make it hard on you to garnish his wages. I would call an attorney.

    This answer is designed for general information only. The information presented here should not be construed to be legal advice nor the formation of a lawyer/client relationship.

  2. Michael J Corbin

    Contributor Level 20


    Lawyer agrees

    Answered . That's an old dodge. You need to send a non-wage garnishment demand to BOTH companies. The reason why the original company didn't garnish wages is because, technically, they weren't paying wages to your ex. By definition, 1099 income isn't a "wage." So, you demand non-wage money owed your ex. Send the same demand (plus a wage garnishment) to the company the ex formed, demanding payment. They'll have to comply, or you should take them to court on contempt charges.

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