Skip to main content

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

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. 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.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.


  2. 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.

Child support topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics