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Old 02-08-2015, 04:11 AM   #1
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Unhappy Can child support go after ex's new corp

Wow it's been awhile since I posted! For some of you still around you might remember how my ex gave up his semi truck and trailer to go from being an independent contractor to "just an employee" to avoid having to pay so much child support after our divorce finalized the end of 2012. I KNEW he was hiding money somewhere but he had everyone lying for him. Fast forward to March 2014, and it turns out he created a corporation for his trucking company. He is listed as the principal. After extensive research on my part, I finally found out about the corporation tonight!

He has not filed taxes in 2 years. I am thinking he is filing under the corporation and that it might not require his social security number which is why CSED has not found him.

So my question: will child support enforcement be able to go after my ex through his corporation for the $25,000+ he owes in back child support or has he found a loophole to prevent them from doing this since he formed a corporation?
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Old 02-08-2015, 09:15 AM   #2
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Default Re: Can child support go after ex's new

He Calooa, nice to see you! I don't know about the legalities of it, but hope you can nail his hide to the door with this.
Hope you are well.
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Old 02-08-2015, 09:35 AM   #3
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Default Re: Can child support go after ex's new

Hey there!

I don't know the answer, but I would think that no matter what he would still have to file personal income taxes with his personal ss#. So if he isn't then that will catch up with him....though if he is reported as being behinmd in his cs you would think they would have notices if he didn't file....

Please let us know the outcome of this. We are certainly rooting for ya!
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Old 02-08-2015, 11:36 AM   #4
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Default Re: Can child support go after ex's new

Hey Calooa, I really don't know the answer to this neither but I hope CSE can hit him where it hurts....his pockets. And take all of this money. I just don't understand NCP because they always feel they dont have to contribute to their childs needs financially. Or think the amount ordered is too high. Good luck to you.
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Old 02-08-2015, 12:26 PM   #5
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Default Re: Can child support go after ex's new

Blue's right - if (big if, of course) he files a personal tax return, any income from the corp that he pays himself as a salary will need to be reported. But...he can always play the shell game and reinvest into the corp, etc., to minimize the salary he reports. I would let the enforcement agency know everything you have found out. Best wishes!
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Old 02-08-2015, 01:07 PM   #6
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Default Re: Can child support go after ex's new

Depends on if he is a c or s corp for how personal taxes are structured. Regardless....... He should be paying himself dividends or salary. If he is thenthe corp can be served garnishment paperwork. The corp is considered an assest.
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Old 02-08-2015, 02:32 PM   #7
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Default Re: Can child support go after ex's new

Don't know the answer, but so glad to see you

I bet the IRS would be interested in non filing status...hmmm.
Good luck!
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Old 02-09-2015, 01:38 PM   #8
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Default Re: Can child support go after ex's new

I wish I knew!! I'd definitely give all the information to CSEA and see what they say... i'm sorry you are still dealing with that BS!!!!
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Old 02-09-2015, 04:09 PM   #9
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Default Re: Can child support go after ex's new

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Originally Posted by LSL View Post
Depends on if he is a c or s corp for how personal taxes are structured. Regardless....... He should be paying himself dividends or salary. If he is thenthe corp can be served garnishment paperwork. The corp is considered an assest.
I am not sure which kind of corp he is as it does not say on the state website. I have the opportunity to order one of the following: Certificate of Existence, Certificate of Fact, or can order information of the Principals. Would those show the kind of corp?

I know he incorporated the business in March 2014 and it states there are 50,000 shares authorized and the class is Common. He is listed as the Registered Agent.
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Old 02-09-2015, 10:13 PM   #10
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Default Re: Can child support go after ex's new

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Originally Posted by calooa View Post
I am not sure which kind of corp he is as it does not say on the state website. I have the opportunity to order one of the following: Certificate of Existence, Certificate of Fact, or can order information of the Principals. Would those show the kind of corp?

I know he incorporated the business in March 2014 and it states there are 50,000 shares authorized and the class is Common. He is listed as the Registered Agent.
sorry I don't have time to google and find the link for ya, however I can say that here in florida, all past and present corporations are listed on the corporate website and everyone and their role and type of corporation.

I had that info on my other pc buts its xp and this is 8 and I haven't figured out how to import my firefox links. but the info is on the web, its Public information.
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Old 02-10-2015, 12:23 AM   #11
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Default Re: Can child support go after ex's new

C corp.

Doesn't matter. Turn it over to child support. He has to garnish himself. Lol. Or be fined or prosecuted.
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Old 02-10-2015, 01:17 AM   #12
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Default Re: Can child support go after ex's new

Mwahahahaha - a deadbeat parent having to garnish himself. Niiiice. "Go garnish yourself!"

Good luck!
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Old 02-10-2015, 06:49 AM   #13
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Default Re: Can child support go after ex's new

Oh, to be a fly on the wall when he gets informed of this.....
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Old 02-10-2015, 03:47 PM   #14
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Default Re: Can child support go after ex's new

I would love to be the Deputy serving the garnishment papers....hehehe!!
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Old 02-10-2015, 04:11 PM   #15
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Default Re: Can child support go after ex's new

Quote:
Originally Posted by LSL View Post
C corp.

Doesn't matter. Turn it over to child support. He has to garnish himself. Lol. Or be fined or prosecuted.
Oh this is rich!!! I am soooooooooo turning it over to them!! Thanks!

---------- Post added at 01:11 PM ---------- Previous post was at 01:04 PM ----------

Quote:
Originally Posted by LSL View Post
Depends on if he is a c or s corp for how personal taxes are structured. Regardless....... He should be paying himself dividends or salary. If he is thenthe corp can be served garnishment paperwork. The corp is considered an assest.
One more question, the ex has not filed a personal tax return since they took his refund for his 2011 taxes but I assume the corporation would have to file them now, including doing their annual report to the State. So would the State then be able to go after his corporation tax returns for the back child support?
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Old 02-10-2015, 06:59 PM   #16
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Default Re: Can child support go after ex's new

Calooa.......I hope you are successful with this!!! It is sad....but pathetically funny too if he has to take action against himself!!!
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Old 02-13-2015, 10:09 PM   #17
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Default Re: Can child support go after ex's new

I heard back from the child support caseworker and she said: "Yes they would still be able to intercept. However, most times corporations do not receive refunds as taxes for them are paid at the end of the year. The IRS gets their money first."

So apparently if he were to get a refund, then we could intercept it but she makes it sound as if it is unlikely he will get a refund. When we had the business, we always got a healthy refund so idk what to think of this.
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Old 02-13-2015, 10:57 PM   #18
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what about assets then? can you force a sale?
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Old 02-13-2015, 11:46 PM   #19
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Default Re: Can child support go after ex's new

I was talking with my Sheriff and mentioned this situation. He laughed and said he has served garnishments to guys who Incorporated and were also the subject. He said here if they don't comply Contempt Charges can be filed against the Corp. And Court Service Office handles it, not the CP.
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Old 02-14-2015, 12:37 AM   #20
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Hopefully someone will track him down!
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Old 02-14-2015, 07:26 PM   #21
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Default Re: Can child support go after ex's new

Quote:
Originally Posted by muskiedad View Post
Hopefully someone will track him down!
Thanks guys! Trust me, I won't let this go idle.
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