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What Type of Income Cannot Be Garnished for Child Support

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  • 03-13-2014, 11:56 AM
    Quailmom
    What Type of Income Cannot Be Garnished for Child Support
    My question involves child support in the State of: ohio/ texas. I live in ohio. The deadbeat parent lives in texas. Arrears total $35,000.00. Ex has been hiding and has been found in texas. Ohio support enforcement says that according to texas support enforcement he will be filing for income that cannot be garnished? How can child support not be enforced? Even a small amount is better than none. Is it true that there is income that can not be garnished?. Also, how can a warrant filed in ohio for criminal non support according to the dead beat parent act, not be enforced in the state of texas? mr. Know it all? I have been reding your replies. Please help if you can. Thanks.
  • 03-13-2014, 12:23 PM
    Dogmatique
    Re: What Type of Income Can Not Be Garnished for Child Support
    SSI can't be touched.

    SSDI CAN be garnished.

    Wages of any sort can be garnished as long as he's still able to live - the state won't let him become destitute and homeless as a rule.

    If he's only making enough to cover himself after including whatever exemptions he has, it's going to be really difficult to get money out of him.

    Has CSE pulled his license yet? Intercepted his tax refunds?

    What's perhaps more important here is knowing the source and amount of Dad's income. Any ideas?

    - - - Updated - - -

    This is nicely packaged: http://codes.ohio.gov/orc/3119.01
  • 03-13-2014, 06:04 PM
    Quailmom
    Re: What Type of Income Can Not Be Garnished for Child Support
    Ohio and texas have not been finding any taxable income for years. He let his license expire in 2000. Was caught driving on expired in 2013. So, now once again he has been arrested for contempt in texas, claims he is has no income. Ohio csea has informed me he has applied for income that cannot be garnished, so it must be ssi he is applying for. So, am I correct to believe we will not receive any support?
  • 03-13-2014, 06:32 PM
    LawResearcherMissy
    Re: What Type of Income Can Not Be Garnished for Child Support
    Quote:

    Ohio csea has informed me he has applied for income that cannot be garnished, so it must be ssi he is applying for. So, am I correct to believe we will not receive any support?
    Unless he steps up and voluntarily meets his obligations, it appears that way.
  • 03-13-2014, 06:56 PM
    Dogmatique
    Re: What Type of Income Can Not Be Garnished for Child Support
    Quote:

    Quoting Quailmom
    View Post
    Ohio and texas have not been finding any taxable income for years. He let his license expire in 2000. Was caught driving on expired in 2013. So, now once again he has been arrested for contempt in texas, claims he is has no income. Ohio csea has informed me he has applied for income that cannot be garnished, so it must be ssi he is applying for. So, am I correct to believe we will not receive any support?


    Yeap.

    Now if he gets SSDI, you can obtain dependent benefits for your child/ren.

    If it's SSI though, you're stuck.
  • 03-14-2014, 06:03 AM
    Quailmom
    Re: What Type of Income Can Not Be Garnished for Child Support
    Thanks for all of the help from everyone, it still bothers me that anyone can get benefits from the state , our tax dollars and not have to pay support. I could not get benefits with 2 children because ...I was employable, had a source of income..child support? And the father was to carry insurance. No support, no insurance ever...it seems that the system stinks for kids...stuck for now..one more question..here it goes..the dead beat dad is 64. For many years made great money as a mechanical engineer. He would draw excellent social security retirement benefits, can't he be forced or encouraged somehow by the courts to apply for that instead of ssi?
  • 03-14-2014, 06:40 AM
    BooRennie
    Re: What Type of Income Can Not Be Garnished for Child Support
    Quote:

    Quoting Quailmom
    View Post
    Thanks for all of the help from everyone, it still bothers me that anyone can get benefits from the state , our tax dollars and not have to pay support. I could not get benefits with 2 children because ...I was employable, had a source of income..child support? And the father was to carry insurance. No support, no insurance ever...it seems that the system stinks for kids...stuck for now..one more question..here it goes..the dead beat dad is 64. For many years made great money as a mechanical engineer. He would draw excellent social security retirement benefits, can't he be forced or encouraged somehow by the courts to apply for that instead of ssi?

    Now you've thrown this little factoid out, maybe Dad IS applying for his SS benefits that are not related for disability.

    There are also dependent benefits available under the SS Retirement benefits. Read this for more information.
  • 03-15-2014, 12:11 PM
    Quailmom
    Re: What Type of Income Can Not Be Garnished for Child Support
    Is there any way I can figure out or find out if the benefits are retirement income? I was told today by ohio that he will not be arrested for non support now, that texas has to deal with him and that it is contempt charges..I can't understand why it is not a criminal act, civil is what ohio csea says..any thoughts or how I can get ohio and texas to work together to collect? Thanks
  • 03-15-2014, 12:23 PM
    CourtClerk
    Re: What Type of Income Can Not Be Garnished for Child Support
    It's only criminal non support if the person has the ability to pay and refuses to pay. If there is income that cannot be garnished or there is exempt income or funds, they can't make them pay out of that and then it becomes his inability to pay.

    If he doesn't have the ability, he can't be violating the law. Also... public benefits cannot be garnished (welfare, food stamps, etc.)
  • 03-15-2014, 02:10 PM
    Quailmom
    Re: What Type of Income Can Not Be Garnished for Child Support
    Ok, since 1996 he has allowed himself to pay every now and then, which we appreciate, but he has also allowed himself to get $35,000.00 in arrears, rather than go to court to modify. I understand now. Live the life of a deadbeat , become a deadbeat citizen. Tax dollars pay for their lifestyles. I have one more law type question..he was brought before a judge in 2012, did nor report back as he was supposed, a warrant was issued for contempt. Now, claiming no income he will file for ssi, will that be the end ? Does he have to try to get a job? Anything for income to support his children? Or just live on assistance forever? Wonder why he didn't think of that sooner?
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