my boyfriend grosses $640 per week. He pays $146 per week in child support. he pays $44 per week on health insurance premiums for the kids and himself. He is single and claims '1' deduction on his W-4 form. after this his net income is about $315 per week to pay his apartment rent, utilities, car insurance, food, gas, etc... would a credit card company still be able to sue him and garnish his wages since child support is already garnishing them? if he were to be sued and garnished further he would not be able to afford his rent, etc... he also owes the IRS about $5000 in back taxes but they currently have him on 'uncollectable' because of his income situation. so if he does get sued by a lender what should he do? he doesn't have the money right now to file bankruptcy and has no relatives to borrow any money from. he lives paycheck to paycheck...
2007-03-16 12:41:44 · 6 answers · asked by My S 1 in Business & Finance ➔ Credit
if they got in line to collect that would be fine. by then he could file bankruptcy. he has about 7 more years of child support. he just can't afford to have more money taken out of his check then already is...
2007-03-16 12:53:11 · update #1
Like the others said, they may go ahead and sue.
They can only garnish if your state allows it - child support and back taxes garnishments are allowed in every state no matter if the state allows garnishment or not.
They may sue, they may wait. The court may order a garnishment, if the court orders a garnishment your boyfriend can take all of his paperwork to the court and claim hardship and ask that the garnishment be waived.
Bankruptcy will not relieve your boyfriend of child support or back taxes.
Your boyfriend should check his states collection statute of limitations (SOL) to see if he is still in SOL on that account.
If he is not in SOL, they cannot legally sue - though many collection agencies still illegally file on time barred debts. They file because most people do not know their rights and fail to use them.
You might click on my profile and click on the link for states SOL. Also do some reading in some of the other links.
Learn your rights and learn how to use them.
2007-03-16 16:20:38 · answer #1 · answered by echo 7 · 0⤊ 0⤋
Sucks to be him. I don't think they can garnish anymore after the child support because that is the first priority. If I were him I would consider getting a better job or taking a second job. I know it sounds hard but this man sounds like he is drowning. Filing for bankruptcy is not an easy solution. It will ruin his credit for 10 years and for 5000 dollars that is not worth it. Good luck.
2007-03-17 14:41:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
depends on where you live. in Wi. if hes paying child support that comes first. they can only garnish 20% of gross. so if hes paying 16% for cs collections would only get 4%. if he owes on taxes the gov. would get it before collections. he has 7 yrs to pay on cs. and then back taxes. there is a sol for collecting on judgements. in WI. i think 12 yrs. collections will probably never get his money
2007-03-17 03:29:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I used to be a bill collector and yes they will sue him and they will win. If they have to they will get in line and wait until the other garnishment is done.
2007-03-16 19:50:35 · answer #4 · answered by Anonymous · 2⤊ 0⤋
The answers are correct, but I know the people in Payroll Accounting are tired of your trifling boyfriend.
It's people like your boyfriend that makes their job an administrative nightmare.
Good luck with dating a man who's finances are "a hot mess".
2007-03-18 02:52:15 · answer #5 · answered by DaMan 5 · 0⤊ 1⤋
Yes, the DEFINETLY WILL!!!
2007-03-16 20:12:48 · answer #6 · answered by Shezsoofyne 1 · 0⤊ 0⤋