# Wage garnishment



## robertl (Nov 11, 2016)

So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


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## DocT (Jul 16, 2015)

Did you ask why it's being garnished?


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## robertl (Nov 11, 2016)

DocT said:


> Did you ask why it's being garnished?


I owe about $4000 in child support from back to when I wasn't working. I have now been making regular monthly payments plus an extra $50-$100 to bring the arrears down. At that pace, it would take a couple years to pay off the balance while making the normal payment. I guess I wasn't bringing the arrears down fast enough so now they are just taking everything directly from uber.


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## Lee239 (Mar 24, 2017)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


Stop driving then. If you are in a slow market all your miles are written off and you make zero income.


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## DocT (Jul 16, 2015)

robertl said:


> I owe about $4000 in child support from back to when I wasn't working. I have now been making regular monthly payments plus an extra $50-$100 to bring the arrears down. At that pace, it would take a couple years to pay off the balance while making the normal payment. I guess I wasn't bringing the arrears down fast enough so now they are just taking everything directly from uber.


Wow, I'm so sorry to hear that.


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## Trebor (Apr 22, 2015)

DocT said:


> Wow, I'm so sorry to hear that.


Im not. You should of held a job and made payments on your child support.

I think they can only garnish 25% on regular debt but I have no clue about child support.

A garnishment is a court order and you should be able to go to the family courthouse and get a copy of that order.


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## Go4 (Jan 8, 2017)

robertl said:


> I owe about $4000 in child support from back to when I wasn't working. I have now been making regular monthly payments plus an extra $50-$100 to bring the arrears down. At that pace, it would take a couple years to pay off the balance while making the normal payment. I guess I wasn't bringing the arrears down fast enough so now they are just taking everything directly from uber.


Pay your child support or you're a loser and so is you kid.


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## SEAL Team 5 (Dec 19, 2015)

robertl said:


> I owe about $4000 in child support from back to when I wasn't working. I have now been making regular monthly payments plus an extra $50-$100 to bring the arrears down. At that pace, it would take a couple years to pay off the balance while making the normal payment. I guess I wasn't bringing the arrears down fast enough so now they are just taking everything directly from uber.


Just work allot to get the arrearages paid off and keep current with your child support. 
On a more important note make sure that you're constantly in your child's life. Children with both parents even in a divorced household will always perform better in life. Good luck.


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## Seahawk3 (Oct 5, 2016)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


its 100 percent if they want to. honestly get an llc cost about 100 bucks and then pay yourself as an employee. payment to yourself is only after everything else is taken care of gas insurance cr payments etc. that way you cant get garnished because you make less then 217.5 a wk after taxes


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## unitxero (Jul 10, 2016)

Seahawk3 said:


> its 100 percent if they want to. honestly get an llc cost about 100 bucks and then pay yourself as an employee. payment to yourself is only after everything else is taken care of gas insurance cr payments etc. that way you cant get garnished because you make less then 217.5 a wk after taxes


Do you really believe what you just typed? You don't know a bit of law. If he establishes that now that he has been garnished the court will literally disassemble that protection by use of alter-ego(look it up if you're unaware of what that is).

Don't give people advice like that if you're not even knowledgeable about law.


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## Lee239 (Mar 24, 2017)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


Let them take it and hand out your card and do cash rides. I don't see how they don't let you deduct expenses though, if that's the case you are paying Uber to work for them more than everyone else that is.


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## Seahawk3 (Oct 5, 2016)

unitxero said:


> Do you really believe what you just typed? You don't know a bit of law. If he establishes that now that he has been garnished the court will literally disassemble that protection by use of alter-ego(look it up if you're unaware of what that is).
> 
> Don't give people advice like that if you're not even knowledgeable about law.


I actually know what I am talking about. If he Inc or llc even after a court order and does it the right way he is fine. All he is doing is protecting his business. I have been llc for 15 years been in the independent contracting business for over 17. If he doesn't do it then his child support payments stop as he most likely will quit or run out of operating money. If he does do it he can continue to pay since he admitted he is currently paying thay child support anyways. Any judge will see that.[/QUOTE]


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## unitxero (Jul 10, 2016)

Seahawk3 said:


> I actually know what I am talking about. If he Inc or llc even after a court order and does it the right way he is fine. All he is doing is protecting his business. I have been llc for 15 years been in the independent contracting business for over 17. If he doesn't do it then his child support payments stop as he most likely will quit or run out of operating money. If he does do it he can continue to pay since he admitted he is currently paying thay child support anyways. Any judge will see that.


[/QUOTE]

Court order garnishment, he sets up LLC, and keeps the same business practice except under a LLC protection. Avoids Court order garnishment because he "doesn't make enough". Any and I mean ANY lawyer worth their chops will rip that defense to shred using Alter ego as their case.

The gentleman has more problems financially right now than needing LLC protection.


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## robertl (Nov 11, 2016)

Well I'm hoping to just keep doing like 4-5 trips per day and then use the other income I have coming in from other delivery jobs in order to live off of. It will be hard for a few months but I think it's probably the quickest way to be done with this.


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## Seahawk3 (Oct 5, 2016)

Court order garnishment, he sets up LLC, and keeps the same business practice except under a LLC protection. Avoids Court order garnishment because he "doesn't make enough". Any and I mean ANY lawyer worth their chops will rip that defense to shred using Alter ego as their case.[/QUOTE]
If he does it the right way henis fine as I said even with the alter ego case. He needs to go to a local accountant it will cost a few hundred dollars but they will help him out. Besides he is not ducking the payments for child support henceforth the alter ego wouldn't apply get your facts straight



robertl said:


> Well I'm hoping to just keep doing like 4-5 trips per day and then use the other income I have coming in from other delivery jobs in order to live off of. It will be hard for a few months but I think it's probably the quickest way to be done with this.


Honestly getting an llc will help further down the road as well it's worth considering to protect your personal assets


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## robertl (Nov 11, 2016)

Seahawk3 said:


> Court order garnishment, he sets up LLC, and keeps the same business practice except under a LLC protection. Avoids Court order garnishment because he "doesn't make enough". Any and I mean ANY lawyer worth their chops will rip that defense to shred using Alter ego as their case.


If he does it the right way henis fine as I said even with the alter ego case. He needs to go to a local accountant it will cost a few hundred dollars but they will help him out. Besides he is not ducking the payments for child support henceforth the alter ego wouldn't apply get your facts straight

Honestly getting an llc will help further down the road as well it's worth considering to protect your personal assets[/QUOTE]

Thanks for the advice. I have never heard of this before so I will have to reach out to an accountant.


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## Seahawk3 (Oct 5, 2016)

What I don't understand is why they would garnish you if had payment arrangements. Sounds like you need to talk to whoever is in charge of child support and alimony. Because most people would say screw it and quit if they took 100 percent


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## robertl (Nov 11, 2016)

Seahawk3 said:


> What I don't understand is why they would garnish you if had payment arrangements. Sounds like you need to talk to whoever is in charge of child support and alimony. Because most people would say screw it and quit if they took 100 percent


I didn't necessarily have arrangements and maybe that's where I screwed up. I was not working after getting laid off so the arrears piled up. When I started driving for uber, I was paying roughly 700 per month (600 regular payment plus roughly 100 for arrears). Maybe most people would quit but I don't think I can since the debt will not go away and it will only continue to pile up. Once the arrears are finished, I'll only have to pay the $600 per month.


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## Seahawk3 (Oct 5, 2016)

robertl said:


> I didn't necessarily have arrangements and maybe that's where I screwed up. I was not working after getting laid off so the arrears piled up. When I started driving for uber, I was paying roughly 700 per month (600 regular payment plus roughly 100 for arrears). Maybe most people would quit but I don't think I can since the debt will not go away and it will only continue to pile up. Once the arrears are finished, I'll only have to pay the $600 per month.


Well when I mean quit I am saying quit independent work until your issue is resolved. find a regular job so they can't take all your money. You still have to live


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## Orange president (Mar 25, 2017)

Another uber champion. The rates could be anywhere between 50% or 60% if you don't have any other chilren. 
What's your rating?


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## JimKE (Oct 28, 2016)

robertl said:


> Has anyone here ever dealt with this?


Yes. When I got divorced, I paid support for my two daughters. They were my kids. Actually, one of them was old enough that I didn't have to pay, but she was in college. And she was my daughter.

Why would you not pay support for your own children?


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## robertl (Nov 11, 2016)

JimKE said:


> Yes. When I got divorced, I paid support for my two daughters. They were my kids. Actually, one of them was old enough that I didn't have to pay, but she was in college. And she was my daughter.
> 
> Why would you not pay support for your own children?


Where did I say I didn't want to pay child support for my own children?


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## Ogbootsy (Sep 12, 2016)

If a court orders that your wages be garnished to satisfy any debt except child support or alimony, a maximum of roughly 25% of your net wages can be taken. For unpaid child support, however, up to *50%* of your net wages can be garnished, and up to *60%* if you are not currently supporting another dependent.


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## I_Like_Spam (May 10, 2015)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


If all you are doing is Ubering, and you had a different source of income which was more, when the court order was issued, you need to appeal to the court for an adjustment.

I know that Child Support Court deducts automatically from regular jobs, I don't know if they can do it from self-employment- is this only because you are in arrears?


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## SuzeCB (Oct 30, 2016)

robertl said:


> I didn't necessarily have arrangements and maybe that's where I screwed up. I was not working after getting laid off so the arrears piled up. When I started driving for uber, I was paying roughly 700 per month (600 regular payment plus roughly 100 for arrears). Maybe most people would quit but I don't think I can since the debt will not go away and it will only continue to pile up. Once the arrears are finished, I'll only have to pay the $600 per month.


So you weren't working, which means you had a bit of time on your hands, and you didn't bother to notify the courts so they would adjust your payment accordingly until you started earning again?


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## robertl (Nov 11, 2016)

SuzeCB said:


> So you weren't working, which means you had a bit of time on your hands, and you didn't bother to notify the courts so they would adjust your payment accordingly until you started earning again?


That's news to me. I didn't know that they would even adjust the payment. As far as I know, it needs to be paid whether I'm working or not.



I_Like_Spam said:


> If all you are doing is Ubering, and you had a different source of income which was more, when the court order was issued, you need to appeal to the court for an adjustment.
> 
> I know that Child Support Court deducts automatically from regular jobs, I don't know if they can do it from self-employment- is this only because you are in arrears?


I'm not sure either because I didn't think they could deduct from me since I get a 1099 and plus I was already back to making regular payments. I imagine that Uber would not have executed if it was illegal but I'm not sure.


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## I_Like_Spam (May 10, 2015)

robertl said:


> That's news to me. I didn't know that they would even adjust the payment. As far as I know, it needs to be paid whether I'm working or not.


I guess you learned something out of this, then.

It goes on both sides, if your ex learns you got a new great job, they can petition the court for an increase as well.



robertl said:


> I'm not sure either because I didn't think they could deduct from me since I get a 1099 and plus I was already back to making regular payments. I imagine that Uber would not have executed if it was illegal but I'm not sure.


If you owe arrears, they probably can as they have enforcement authority- but the thing which puzzles me on this is how they knew the money was coming from Uber to intercept it.

They aren't wages.

Was the money sent directly from Uber to Child Support court? I'd be less surprised if they just sucked it out of your bank account that they know about right after the Uber payment was deposited.


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## observer (Dec 11, 2014)

robertl said:


> If he does it the right way henis fine as I said even with the alter ego case. He needs to go to a local accountant it will cost a few hundred dollars but they will help him out. Besides he is not ducking the payments for child support henceforth the alter ego wouldn't apply get your facts straight
> 
> Honestly getting an llc will help further down the road as well it's worth considering to protect your personal assets


Thanks for the advice. I have never heard of this before so I will have to reach out to an accountant.[/QUOTE]

Your personal assets ARE NOT protected by an LLC in most circumstances.

Don't spend extra money on something unnecessary. Use that money to pay off your child support.


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## Recoup (Jan 30, 2017)

robertl said:


> *I didn't necessarily *have arrangements and *maybe *that's where I screwed up...


Mmm, let's be fair here. You either did or didn't have arrangements (who here thinks it was the former? me neither).



robertl said:


> Maybe most people would quit but I don't think I can since the debt will not go away and it will only continue to pile up.


Good for you (not sarcastic). Taking care of business is the only way you get out of the hole. Since you were paying on your support before your layoff, I think people on this forum should give you the benefit of the doubt. But child support is right up there with federal tax debt--you *must *keep current or suffer dire consequences.



Nolo Press said:


> For unpaid child support, however, up to 50% of your net wages can be garnished, and up to 60% if you are not currently supporting another dependent. If your check is already subject to wage withholding for your future payments or garnishment by a different creditor, the total amount taken from your paycheck cannot exceed 50% (or 65% if you are not currently supporting another dependent and are more than 12 weeks in arrears).


Source: http://www.nolo.com/legal-encyclope...ection-wage-garnishment-property-seizure.html

Nolo Press's website is a great source for general legal advice.


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## I_Like_Spam (May 10, 2015)

Lee239 said:


> Let them take it and hand out your card and do cash rides. I don't see how they don't let you deduct expenses though, if that's the case you are paying Uber to work for them more than everyone else that is.


That will only work out if the OP starts making the payments on their own. Courts don't like it when a defendant quits employment to avoid child support payments, and many will throw the defendant into the hoosegow until he sees the error of his ways and starts ponying up the money. They have that authority, at least here in PA.

Particularly during an election year.


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## observer (Dec 11, 2014)

robertl said:


> Well I'm hoping to just keep doing like 4-5 trips per day and then use the other income I have coming in from other delivery jobs in order to live off of. It will be hard for a few months but I think it's probably the quickest way to be done with this.


Your other income will most likely be garnished soon too if it's being reported.


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## Seahawk3 (Oct 5, 2016)

Ogbootsy said:


> If a court orders that your wages be garnished to satisfy any debt except child support or alimony, a maximum of roughly 25% of your net wages can be taken. For unpaid child support, however, up to *50%* of your net wages can be garnished, and up to *60%* if you are not currently supporting another dependent.


Only if it's a w-2 job as an independent contractor you can get 100 percent of it taken



I_Like_Spam said:


> If all you are doing is Ubering, and you had a different source of income which was more, when the court order was issued, you need to appeal to the court for an adjustment.
> 
> I know that Child Support Court deducts automatically from regular jobs, I don't know if they can do it from self-employment- is this only because you are in arrears?


Some states you cant appeal except every number of years. In Montana it's every 5



observer said:


> Thanks for the advice. I have never heard of this before so I will have to reach out to an accountant.


Your personal assets ARE NOT protected by an LLC in most circumstances.

Don't spend extra money on something unnecessary. Use that money to pay off your child support.[/QUOTE]
They are protected against civil and legal lawsuits as the money if not personal untill your pay yourself. And your personal assets can't be used in most cases to satisfy business issues


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## Recoup (Jan 30, 2017)

Seahawk3 said:


> (regarding using an LLC to protect assets)
> They are protected against civil and legal lawsuits as the money is not personal until your pay yourself. And your personal assets can't be used in most cases to satisfy business issues


Child support is not a business issue. In fact, that same Nolo page I cited above goes on to say:



Nolo Press said:


> *Seizing Your Property to Collect Child Support*
> If the wage garnishment doesn't cover the amount you owe, or you don't have wages or other income to be garnished, _the custodial parent may try to get the unpaid support by going after other items of your property. Examples of the type of property that may be vulnerable include cars, motorcycles, boats, airplanes, houses, corporate stock, horses, rents payable to you, and accounts receivable. In some cases, even spendthrift trusts and your interest in a partnership may be used for payment_.


(emphasis added)

Look, it seems that the OP is trying to do the right thing. I cringe when I see people suggesting ways to duck his obligations. Judges do indeed take a very dim view of parents who shirk or try to hide income--and since he's already been garnished, he's clearly on the court's radar.

I'm afraid this is a case where he's just gonna have to suck it up and work his ass off until the arrears are paid. He can try to get his future obligation adjusted downward, but that won't erase the arrears.


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## observer (Dec 11, 2014)

Seahawk3 said:


> Only if it's a w-2 job as an independent contractor you can get 100 percent of it taken
> 
> Some states you cant appeal except every number of years. In Montana it's every 5
> 
> ...


They are protected against civil and legal lawsuits as the money if not personal untill your pay yourself. And your personal assets can't be used in most cases to satisfy business issues[/QUOTE]

In any civil or legal lawsuit not only will your LLC be sued but YOU personally will be sued as well.

LLCs are to protect investors from lawsuits.


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## I_Like_Spam (May 10, 2015)

Recoup said:


> *Seizing Your Property to Collect Child Support*
> If the wage garnishment doesn't cover the amount you owe, or you don't have wages or other income to be garnished, _the custodial parent may try to get the unpaid support by going after other items of your property. Examples of the type of property that may be vulnerable include cars, motorcycles, boats, airplanes, houses, corporate stock, horses, rents payable to you, and accounts receivable. In some cases, even spendthrift trusts and your interest in a partnership may be used for payment_.


An additional note to this is that it doesn't have to be the custodial parent. If mom is or was on Welfare benefits for herself and the children, she had to sign over the support order to the state and state bureaucrats can come after you in that case, not just the custodial parent.


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## Lee239 (Mar 24, 2017)

I_Like_Spam said:


> That will only work out if the OP starts making the payments on their own. Courts don't like it when a defendant quits employment to avoid child support payments, and many will throw the defendant into the hoosegow until he sees the error of his ways and starts ponying up the money. They have that authority, at least here in PA.
> 
> Particularly during an election year.


Than just turn the app on refuse all rides or ask the pax for cash and then get deactivated.

Driving for Uber most people don't see a profit, but if they took say 25% that would be okay, but not 100% when the amount on the 1099 includes what Uber deducted and the gas to drive around.

Sounds like it's time to get fired. Ask your friends to sign on to Uber get the free first ride and rate you a 1 and get you fired.

then get a real job where they can only take so much out.


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## I_Like_Spam (May 10, 2015)

Lee239 said:


> then get a real job where they can only take so much out.


That's the key to the situation, get a job and pay.

Here in Pennsylvania, if you aren't paying your child support order, and you go into court and tell the judge you aren't working, the judge will reschedule the hearing for 60 days to give the defendant a chance to come up with the money and report and verify his ongoing income.

If you don't have a job within the 60 days and don't have the money, the judge will throw you in jail unless you have 60 notarized letters from prospective employers that you applied for work and were not offered a job.

They just don't play, I think OP's problem was he didn't keep the court up to date when he knew he wasn't going to pay.


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## Seahawk3 (Oct 5, 2016)

Recoup said:


> Child support is not a business issue. In fact, that same Nolo page I cited above goes on to say:
> 
> (emphasis added)
> 
> ...


Never once am I suggesting ducking the child support my emphasis is on him being able to continue to work. If he sets up a llc and then take a business expenses out he can still operate and pay his child support. But as an independent contractor 100 percent of your income is garnishable if he doesn't set it up as a business



observer said:


> They are protected against civil and legal lawsuits as the money if not personal untill your pay yourself. And your personal assets can't be used in most cases to satisfy business issues


In any civil or legal lawsuit not only will your LLC be sued but YOU personally will be sued as well.

LLCs are to protect investors from lawsuits.[/QUOTE]
Correct but personal wages come after business expenses. At that point your income will be less


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## Zap (Oct 24, 2016)

I found this entire thread confusing...  Employers pay wages to employees (26USC _et seq_). You're classified as an "independent contractor" and receive gross receipts evidenced by the 1099-MISC & 1099-K. How can a state court issue an order to force Uber to seize your future gross receipts as wages when you're not a statutory employee?  What does your attorney advise?


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## I_Like_Spam (May 10, 2015)

Zap said:


> I found this entire thread confusing...  Employers pay wages to employees (26USC _et seq_). You're classified as an "independent contractor" and receive gross receipts evidenced by the 1099-MISC & 1099-K. How can a state court issue an order to force Uber to seize your future gross receipts as wages when you're not a statutory employee?  What does your attorney advise?


That confused me as well. Perhaps the court seized the money out of the OP's bank account, after Uber put the money it? The court would supposedly know where the OP banks.


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## SuzeCB (Oct 30, 2016)

Zap said:


> I found this entire thread confusing...  Employers pay wages to employees (26USC _et seq_). You're classified as an "independent contractor" and receive gross receipts evidenced by the 1099-MISC & 1099-K. How can a state court issue an order to force Uber to seize your future gross receipts as wages when you're not a statutory employee?  What does your attorney advise?


In New Jersey it's called a till. If you owned a store, the sheriff would come and literally sit at your cash register and empty it out. In our situation they simply notify Uber.

Oh, and if there are any expenses associated with setting up and maintaining the till, that gets tacked onto the judgment and can also be collected.


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## Zap (Oct 24, 2016)

I_Like_Spam said:


> That confused me as well. Perhaps the court seized the money out of the OP's bank account, after Uber put the money it? The court would supposedly know where the OP banks.


I can see that happening. Asset seizure (cash in bank account); not necessarily 'garnishment'. Plus, if OP is anticipating a federal tax refund, well, kiss that one goodbye.


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## I_Like_Spam (May 10, 2015)

SuzeCB said:


> In New Jersey it's called a till. If you owned a store, the sheriff would come and literally sit at your cash register and empty it out. In our situation they simply notify Uber.
> 
> Oh, and if there are any expenses associated with setting up and maintaining the till, that gets tacked onto the judgment and can also be collected.


I agree that they could do that, but how would the CS court know that the OP was ubering in the first place? Keeping an eye on a bank account, waiting for the money to come in would seem to be a more likely reason for this garnishment


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## SuzeCB (Oct 30, 2016)

I_Like_Spam said:


> That confused me as well. Perhaps the court seized the money out of the OP's bank account, after Uber put the money it? The court would supposedly know where the OP banks.


They can do that too



I_Like_Spam said:


> I agree that they could do that, but how would the CS court know that the OP was ubering in the first place? Keeping an eye on a bank account, waiting for the money to come in would seem to be a more likely reason for this garnishment


Social Security numbers comma driver's licenses, and Social Security numbers. In many states, your driver's license number is tied to any order of Child Support. One of the first things that will be done to someone who is delinquent in child support is there drivers license will be suspended. When you get a drivers license, you immediately get uploaded into the database child support delinquency searches.


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## Seahawk3 (Oct 5, 2016)

I_Like_Spam said:


> That confused me as well. Perhaps the court seized the money out of the OP's bank account, after Uber put the money it? The court would supposedly know where the OP banks.


Your not under the same classification as an independent if you form a business. That's the point


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## I_Like_Spam (May 10, 2015)

SuzeCB said:


> Social Security numbers comma driver's licenses, and Social Security numbers. In many states, your driver's license number is tied to any order of Child Support. One of the first things that will be done to someone who is delinquent in child support is there drivers license will be suspended. When you get a drivers license, you immediately get uploaded into the database child support delinquency searches.


The OP didn't complain about his driver's license being suspended, so that wasn't the case here.

Employers are required to report the SSN's of new employees, and those reports are definitely compared to child support orders both current and in arrearages. But Uber isn't an employer of its partners, and I think they only have to report once a year on the 1099 to the government.


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## SuzeCB (Oct 30, 2016)

I_Like_Spam said:


> The OP didn't complain about his driver's license being suspended, so that wasn't the case here.
> 
> Employers are required to report the SSN's of new employees, and those reports are definitely compared to child support orders both current and in arrearages. But Uber isn't an employer of its partners, and I think they only have to report once a year on the 1099 to the government.


They run DMV checks.


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## I_Like_Spam (May 10, 2015)

This is from the Pennsylvania Child Support site. PA's initiatives in this are similar to that of many states, as they are largely funded by the federal government.

8. What is the Financial Institution Data Match Program? 
The Financial Institution Data Match (FIDM) Program identifies bank accounts held by noncustodial parents who owe overdue child support. Once identified, these accounts may be subject to "freezing" and "seizing" by the county Domestic Relations Section.
9. Can a Financial Institution Data Match (FIDM) freeze and seize be contested? 
The noncustodial parent will have 30 days after the notice was issued to pay the amount of the overdue support in full or contest the notice. The noncustodial parent may contest the notice only on three grounds: First, if no overdue support exists, or there is a mistake in the amount of overdue support. Second, if there is a mistake in the identity of the obligor. Third, if the account is not subject to freeze. An example of this is when an asset is held in an escrow or trust account in the name of the obligor.


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## Zap (Oct 24, 2016)

Seahawk3 said:


> Your not under the same classification as an independent if you form a business. That's the point


If done after the fact, it exposes the OP to fraudulent conveyance allegations.


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## SuzeCB (Oct 30, 2016)

Zap said:


> If done after the fact, it exposes the OP to fraudulent conveyance allegations.


If you point out to the judge that you were trying to keep your ex from taking your taxes that are owed to the government comma that might save you. But then you would have to give them every last time that you made after your expenses and taxes, since this is what they were going for anyway. Otherwise, you're just getting in deeper water with a bigger shark.


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## observer (Dec 11, 2014)

Seahawk3 said:


> Never once am I suggesting ducking the child support my emphasis is on him being able to continue to work. If he sets up a llc and then take a business expenses out he can still operate and pay his child support. But as an independent contractor 100 percent of your income is garnishable if he doesn't set it up as a business
> 
> In any civil or legal lawsuit not only will your LLC be sued but YOU personally will be sued as well.
> 
> LLCs are to protect investors from lawsuits.


Correct but personal wages come after business expenses. At that point your income will be less[/QUOTE]

He already doesn't HAVE the income. It's 300 dllrs to register in TX (800 in CA) plus whatever his accountant charges. That money would be better spent paying down a chunk of his child support.

*"Honestly getting an llc will help further down the road as well it's worth considering to protect your personal assets."*

Just want to make sure members don't mistake this statement to mean an LLC will protect your personal assets.


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## handiacefailure (Mar 12, 2017)

I_Like_Spam said:


> I agree that they could do that, but how would the CS court know that the OP was ubering in the first place? Keeping an eye on a bank account, waiting for the money to come in would seem to be a more likely reason for this garnishment


Not sure about every state, but in Ohio an employer is required to report an individual 1099 sub for new hire reporting the same way they are an employee. Employers in every state are required to report new hires that are employees so it probably extends to 1099 subs/contractors in every state. Seeing Uber is in the business of hiring subcontract 1099 labor they would have to report the driver as a new hire.

The child support order(s) will have a specified weekly amount so Uber will have to withhold that amount weekly and remit it to the appropriate agency. There is a max in most states as to how much they can take of your net pay (in Ohio it's 50 percent total of your take home pay if you support someone else and 60 percent if you have no dependents and an additional 5 percent if you are over 13 weeks in arrears, so if a single person is over 13 weeks behind they can withhold up to 65 percent of the pay). What really sucks for Uber drivers is that no payroll taxes are withheld and other things like health insurance premiums aren't withheld so the entire paycheck is subject to withholding. If there is more than one order and the percent of your pay doesn't cover all the orders they have to prorate it to each order by how much each order is from.

Something else to be aware of is a lot of states allow the employer to charge a processing fee as well on a garnishment/support order. In Ohio it's up to $2 per order but Michigan doesn't allow the fee. I think some states allow $5 per order. So if you have different support orders on three different kids they can charge the fee three times.



robertl said:


> I didn't necessarily have arrangements and maybe that's where I screwed up. I was not working after getting laid off so the arrears piled up. When I started driving for uber, I was paying roughly 700 per month (600 regular payment plus roughly 100 for arrears). Maybe most people would quit but I don't think I can since the debt will not go away and it will only continue to pile up. Once the arrears are finished, I'll only have to pay the $600 per month.


Some states require that the withholding payments be withheld from an employees check if they are working as opposed to being paid to the ex/child support agency directly.

If you are making payments direct make sure they are going to the county/state child support enforcement agency and not your ex so your account is getting credited properly.

As far as the advice for the LLC, will Uber make payments to an LLC instead of an individual?????


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## PrestonT (Feb 15, 2017)

Seahawk3 said:


> Court order garnishment, he sets up LLC, and keeps the same business practice except under a LLC protection. Avoids Court order garnishment because he "doesn't make enough". Any and I mean ANY lawyer worth their chops will rip that defense to shred using Alter ego as their case.
> If he does it the right way henis fine as I said even with the alter ego case. He needs to go to a local accountant it will cost a few hundred dollars but they will help him out. Besides he is not ducking the payments for child support henceforth the alter ego wouldn't apply get your facts straight
> 
> Honestly getting an llc will help further down the road as well it's worth considering to protect your personal assets


Will Uber even pay an llc?


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## Seahawk3 (Oct 5, 2016)

Zap said:


> If done after the fact, it exposes the OP to fraudulent conveyance allegations.


Not if he isn't ducking the obligations in the first place. Also if he sets it up and does it the right way he is fine. Once again I'm a CPA been an llc for over 15 years. I know what I'm talking about. No judge is going to pierce the veil of a llc if the Op is making payments already.



PrestonT said:


> Will Uber even pay an llc?


Yes they do I'm llc


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## Hoy (Aug 18, 2016)

Go4 said:


> Pay your child support or you're a loser and so is you kid.


why is the kid one??


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## Seahawk3 (Oct 5, 2016)

Hoy said:


> why is the kid one??


Not only is the kid not a loser neither is the OP. Life happens and sometimes your obligations can't be meet at that time. Op is doing the right thing and paying down back child support. Honestly the easiest solution is to talk to the courts to get the garnishment squashed. Especially if you can prove current payments.


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## Recoup (Jan 30, 2017)

Go4 said:


> Pay your child support or you're a loser and so is you kid.





Hoy said:


> why is the kid one??


Pretty sure Go4 meant that the kid _loses out _if OP doesn't pay his child support. Not "loser" as in "lame," but "loser" as in "losing a source of support."


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## Go4 (Jan 8, 2017)

Hoy said:


> why is the kid one??


The kid loses his Father, and any financial support while he/she is growing up. I didn't mean they both the same kind of losers.

Thx, I didn't mean for that to be confusing.


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## UsedToBeAPartner (Sep 19, 2016)

Last time I checked the law did not allow a 100% deduction from any paycheck. The OP DOES need to pay his child support but he also needs to be able to eat. Taking 100% eliminates that option and likely will cause all payments to the ex to disappear as so will his (her) employment.
In any case, I wish the OP the best of luck and I hope he (she) can work out a deal that will allow child support payments and living expenses. The only bad news here is that trying to make a living driving Uber is impossible and if you also have to take any amount out as a deduction from your pay you will be in such a deep hole financially that there is no chance you will be able to dig out.


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## Red Leader (Sep 4, 2016)

Go4 said:


> The kid loses his Father, and any financial support while he/she is growing up. I didn't mean they both the same kind of losers.
> 
> Thx, I didn't mean for that to be confusing.


Only an idiot would assume this guys situation.

Well done in self identifying.

What you should have learned from all this is.....

You need a lawyer.


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## I_Like_Spam (May 10, 2015)

UsedToBeAPartner said:


> Last time I checked the law did not allow a 100% deduction from any paycheck.


That may well be true, but are Uber remittances considered "paychecks"? Or are they in a different category because the recipient is an Uber Partner, legally a businessman himself and the money is seen different? Further, if the child support court waits until the money is actually deposited in the Partner's account, it isn't garnishing their paycheck at all, but just putting a levy on the bank account.

The best advice for the OP and anyone else owing chid support has to be to stay on top of the child support payments, these courts have a wide range of latitude in what they can do.


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## robertl (Nov 11, 2016)

I_Like_Spam said:


> That confused me as well. Perhaps the court seized the money out of the OP's bank account, after Uber put the money it? The court would supposedly know where the OP banks.


The money was taken directly from Uber. On my pay statement, it says "child support garnishment".


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## tohunt4me (Nov 23, 2015)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


The govt. Will reach right into your bank account and help themselves.
They will also come and take your home,and everything in it.
Get a $50.00 business license and buy a truck or S.U.V. and claim its needed for your business. All it takes to protect your vehicle.
If you have nice sterios ,electronics and computers,claim you run karioke. Will protect all and the truck,van,SUV to haul it in.



robertl said:


> I owe about $4000 in child support from back to when I wasn't working. I have now been making regular monthly payments plus an extra $50-$100 to bring the arrears down. At that pace, it would take a couple years to pay off the balance while making the normal payment. I guess I wasn't bringing the arrears down fast enough so now they are just taking everything directly from uber.


You better pay it .
Consider 25% "_FREEDOM TAX"

Ever been in a jail with 30 other guys listening to them moan over a Pizza Hut commercial ?
Amazing what a 19" TV with a commercial on it can do to a grown man.
( you can smell a ketchup packet size portion of peanut butter being opened from across a prison dorm in the middle of the night.it becomes a delicacy)
Enjoy long walks in a straight line ? Without the guard pointing a shotgun AT you for leaning on the fence ? PAY UP !
( all that shotgun pointing can ruin a mans 2 hours of sunlight a week, if they have the ' manpower' to allow you out)

IN JAIL OR PRISON,everyone's poop smells the same. Because they are all eating the same " food". And the smell lingers because . . . cinder block doesn't ventilate well.

If the ' system' gets a hold of you,they will lock you up for 30-90/days. Ensure you lose whatever job you had,along with a place to live.Then they will set you free for 1-7 days. They will demand full payment in that time.( best bet is to beg for change & sleep under overpass) now,the only way to get that money in 1-7 days is doing something illegal. After 1-7 days,they will lock you up again for30-90 days . . . see the pattern here ?
Get to work Govt. Mule !


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## Nitedriver (Jun 19, 2014)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


that's weird, I thought they can't garnish wages on a 1099 independent contractor ??? I remember back in the days that there was pretty much a grey area about independent contractors (learned it from the mobsters)...Unless of course child support falls under a different law (interception by gov) ??

ok just followed up reading..


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## Strange Fruit (Aug 10, 2016)

So the court wants him to run out of gas and not maintain the car, while he doesn't pay rent or buy food. That's what happens when they take 100% of the Uber income. You run out of gas eventually (so I guess maintaining the car doesn't matter cuz once ur out of gas ur done making money and won't need any oil, tires, or new brakes). I guess that will happen before he gets too hungry unless he drives a Prius, but then he has to come up with a new way to pay rent before the month's over and hope they don't take that too. Now we'll have a homeless dad who _really_ won't have much of a chance to pay child support. Am I the only one who thinks this makes no sense at all (I didn't say I don't believe it, cuz I do, it just makes no sense and maybe insane people shouldn't have so much power)? Or **** the poor or whatever the insane people say. Idk, it seems absolutely non-productive to me.



Lee239 said:


> Than just turn the app on refuse all rides or ask the pax for cash and then get deactivated.
> Sounds like it's time to get fired. Ask your friends to sign on to Uber get the free first ride and rate you a 1 and get you fired.
> 
> then get a real job where they can only take so much out.


See.....The situation is so ridiculous, that this stupid childish way of handling it, actually makes sense.


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## Brian G. (Jul 5, 2016)

Screw child support. Find a mom and pops pizza joint and deliver under the table. I'll would work uber just enough to pay the cs payment then work under the table for the rest.


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## Tihstae (Jan 31, 2017)

Strange Fruit said:


> So the court wants him to run out of gas and not maintain the car, while he doesn't pay rent or buy food. That's what happens when they take 100% of the Uber income. . . Am I the only one who thinks this makes no sense at all . . .


It makes no sense at all so of course it is an official Government program.

Let me tell you a story:
It was the mid 90's and I was current with my child support going straight to the ex. Changed jobs and lost insurance for 14 days. Ex thought, well, I will apply for medical (medicaid for california) and when she did, they asked if I had ever paid child support. She said nope, not a cent. Meanwhile I was paying her and picking up my child every weekend.

About 3 months after this event and my child is back on my insurance, I get a weekly paycheck that is $10. They took 60% of GROSS pay and I was taxed on gross pay. A week later I get a notice from 3 counties over (not the county I, my child, or my ex live in) stating that they have a judgement against me for back child support and that the county my ex and child live in are getting my money. The back support is more than I make in several years.

The letter says I can appeal this by filling out this form and turning it to the court within 30 days of the judgement which was exactly 2 days away. I filed and the appeal and submitted canceled checks for every month since 2 years before the court ordered child support. I show up in court with both the copies and the original canceled checks and was told by the Administrative Law Judge (not a real judge) that he had no way to tell if the copies or the originals were genuine and that the garnishment would continue.

Six months later and $5000 lighter in the wallet (not counting my $10/week payroll check) the lawyer that make me $5k poorer got the court to reverse the judgement. The county DA did not prosecute the ex for lying about not getting child support and never gave her a dime of the thousands of dollars they took from me. They did send me back about 20% of what the took another 6 months down the road.

If I did not have savings, I would have been living on the street and lost everything including my child because the Orange County DA was more interested in taking my money that justice. This is our court and justice system.

OP, I feel for you. Even if you can't afford it, get a lawyer it will cost you money but not as much as the DA of whatever county is screwing you will.


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## robertl (Nov 11, 2016)

Thanks for the advice guys. I was hoping to not have to get a lawyer since that will cost money that I don't have. For now, I have a fuel card so I'm just doing 5-6 rides per day with uber to cover child support and fuel. I also signed up for 4 other companies (Amazon Flex, Doordash, Postmates, and Deliv) so I'm hoping I can live off the wages from those while using Uber to pay the CS. Once the arrears are paid, everything should be back to normal (at least I hope)


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## Recoup (Jan 30, 2017)

robertl said:


> The money was taken directly from Uber. On my pay statement, it says "child support garnishment".


Now that the garnishment has actually happened (from your first post, it sounded like it was "coming" but not yet happened) -- tell us, how much did they actually withhold? (as a percentage of your gross)


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## UsedToBeAPartner (Sep 19, 2016)

So, your first post said this:
So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.
You followed up this post with:
The money was taken directly from Uber. On my pay statement, it says "child support garnishment".
Everyone knows that child support will be taking out of wages the County, City, State can find. The question remains, were these unreasonable deductions or were they deductions allowed by law in your City/State. I am pretty sure I already know the answer but you are welcome to lie and tell us how they took 100% of your monthly income (not just Uber income but total monthly income).


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## robertl (Nov 11, 2016)

Recoup said:


> Now that the garnishment has actually happened (from your first post, it sounded like it was "coming" but not yet happened) -- tell us, how much did they actually withhold? (as a percentage of your gross)


I may not have been clear but the garnishment took place before I made the first post. They disabled my instant pay and the amount they withheld was equal to the amount I made for 1 Uber 7 day period. So basically it was 100% of 1 weeks pay. So this past Monday, I started off negative for the amount of money I made last week ( I had already used instant pay last week to withdraw some of the money before I realized what was going on).



UsedToBeAPartner said:


> So, your first post said this:
> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.
> You followed up this post with:
> The money was taken directly from Uber. On my pay statement, it says "child support garnishment".
> Everyone knows that child support will be taking out of wages the County, City, State can find. The question remains, were these unreasonable deductions or were they deductions allowed by law in your City/State. I am pretty sure I already know the answer but you are welcome to lie and tell us how they took 100% of your monthly income (not just Uber income but total monthly income).


Lie? You're kidding right? What would I lie. I normally drive and cash out daily and once they disabled my instant pay, I found out about the deduction. I have no reason to lie about it.


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## PepeLePiu (Feb 3, 2017)

If you think you situation is prickly think about a wage garnishment and lien from overseas.
I was married had two kids then got divorced, then shacked up and had two more kids. After that fell thru, I came to the USA and started working but never quit sending the Child Support. I had to pay 3 minimum wages total (My Country rates) which ended up being like $ 250.00 a month for all the kids. I started a buzz subcontracting and one day I found out that the State was suing me for unpaid child support. I had to hire a lawyer since my gross also included payroll for over 30 workers and thousands of dollars in operating bills including workers comp. and federal payments like SS, unemployment tax, etc.
The one that sued me was the last one. So when my lawyer and I went to the State I placed in front of the judge and the Consulate aggregate that was trying to enforce the liens and garnishments, a pile of money transfers copies that I never threw away. That is not counting the payments that I was making directly to the private schools my kids was going to at the time.
Long story short, at the end of the hearing I end up with a surplus payment of over 5k since I was also paying for their clothing and medical insurance. I never quit sending money until my kids graduated but I stop shortly after. I still help them if they ask me, but their mother will never see another red cent from me. My credit score dropped over 150 points and my trust in women almost a 100%.

I hope you get your affairs in order for the sake of your kids and your own, and believe me, when it comes to CS you are guilty and it does take a lawyer to prove your innocence.


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## iUBERdc (Dec 28, 2016)

Got a vasectomy. No regrets. Life will be cheaper, less stressful and no mombie in my life. All those years of your time, money, energy, blood, sweat and tears, and sleepless nights to raise these kids in a future without jobs, I'm good! Maxed out my 'give a shit credit card.' Single professional ladies love having a boy toy to release stress and not worry about babies. You men can have the bustied mothers. I'm chasing that tail till the day I die. Prob way younger than most too, but I don't care to live the 'in bed all day and nees to be turned' decades.


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## Guapcollecta (Apr 11, 2017)

Go4 said:


> Pay your child support or you're a loser and so is you kid.


So quick to judge. You don't know what this guy's going through. Every man should pay child support but at the same time the system is unfair. If you've been through it you would know. Men are forced to pay 25% their income as well as 25% of their ex's income even though their ex's income doesn't help the man pay their bills. In reality the result is that the man is paying more than 25% of his income. Wether his ex needs the money or not. At least that's how it is in Florida. If the man loses his job it might take six months to a year to get back in court. Mean while your license is suspended a warrant is issued for your arrest and you can be in jail for about six months before you get to see the judge. Even then the judge does not have to release you from jail until he or she is satisfied that you cannot pay the debt. You can be in there for years if the judge feels like it. By then you have lost everything and incurred a massive amount of debt. None of this benefits the child. Yes every man should take care of their child, but the system needs a massive overhaul.


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## Zap (Oct 24, 2016)

_No additional comment required..._


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## Seahawk3 (Oct 5, 2016)

UsedToBeAPartner said:


> Last time I checked the law did not allow a 100% deduction from any paycheck. The OP DOES need to pay his child support but he also needs to be able to eat. Taking 100% eliminates that option and likely will cause all payments to the ex to disappear as so will his (her) employment.
> In any case, I wish the OP the best of luck and I hope he (she) can work out a deal that will allow child support payments and living expenses. The only bad news here is that trying to make a living driving Uber is impossible and if you also have to take any amount out as a deduction from your pay you will be in such a deep hole financially that there is no chance you will be able to dig out.


 They take 100 percent if your a sole proprietor as their is no law that protects your earnings. The 25 percent above the federal min only applies to employees of an employer



Nitedriver said:


> that's weird, I thought they can't garnish wages on a 1099 independent contractor ??? I remember back in the days that there was pretty much a grey area about independent contractors (learned it from the mobsters)...Unless of course child support falls under a different law (interception by gov) ??
> 
> ok just followed up reading..


It's harder to garnish 1099 but not impossible. If he owed a collection agency he would be ok but state or federal collections are different


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## Wil_Iam_Fuber'd (Aug 17, 2015)

Zap said:


> _No additional comment required..._
> 
> View attachment 114551


Brilliant, Lol!! It's called a, "Honey Trap". BTDT.


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## Guapcollecta (Apr 11, 2017)

Wil_Iam_Fuber'd said:


> Brilliant, Lol!! It's called a, "Honey Trap". BTDT.


I thought it was a booby trap. My daughter's mother pretended to eat her birth control for one month. Then she showed me a movie about creampies! Next thing you know she was pregnant. Few months later when she refused an abortion she bragged about getting the best of me. You think the Judge cares? Nope! It's kind of messed up considering that ultimately it's the woman's decision to have the child or not. Yet the man suffers the consequences. Even if the woman understood that the man did not want children.


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## Wil_Iam_Fuber'd (Aug 17, 2015)

Guapcollecta said:


> I thought it was a booby trap. My daughter's mother pretended to eat her birth control for one month. Then she showed me a movie about creampies! Next thing you know she was pregnant. Few months later when she refused an abortion she bragged about getting the best of me. You think the Judge cares? Nope! It's kind of messed up considering that ultimately it's the woman's decision to have the child or not. Yet the man suffers the consequences. Even if the woman understood that the man did not want children.


Did you sue her for paternity?


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## Guapcollecta (Apr 11, 2017)

Wil_Iam_Fuber'd said:


> Did you sue her for paternity?


Nope. Child support forced me to take a paternity test and determined that I was the father. I love my daughter I just didn't want to have her with my ex-girlfriend. I knew it wasn't going to work from the start. That's why I didn't want kids with her. But damn that vagina was good! Maybe booby trap is inappropriate. Maybe the appropriate word is coochie trap!


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## Wil_Iam_Fuber'd (Aug 17, 2015)

Guapcollecta said:


> Nope. Child support forced me to take a paternity test and determined that I was the father. I love my daughter I just didn't want to have her with my ex-girlfriend. I knew it wasn't going to work from the start. That's why I didn't want kids with her. But damn that vagina was good! Maybe booby trap is an appropriate. Maybe the appropriate word is coochie trap!


That's what I was asking, you're the biological/legal birth father. Have you considered suing for custody?


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## Guapcollecta (Apr 11, 2017)

Wil_Iam_Fuber'd said:


> That's what I was asking, you're the biological/legal birth father. Have you considered suing for custody?


I wish. The truth is I went on an extended vacation compliments of the Feds. By the time I came out my daughter was 6 years old. It took me two years of battling in court to get the courts to force my daughter's mother to let me see my daughter. By then they had filled her head with all kinds of ideas that I was there to take her away. My daughter does not really want to have anything to do with me because she scared. For two years now I've been visiting her and trying to show her that I'm not the bad guy that they made me out to be. But she doesn't get it she's just a child. Maybe she'll get it once she is older. I really don't want to traumatize her by forcing her to live with me. Her mom's family is all she knows. I don't have much family to offer her. So I feel that psychologically speaking it will be better for her to stay there with them. But I won't give up I will continue to visit her in hopes that one day she'll get it.



Guapcollecta said:


> I wish. The truth is I went on an extended vacation compliments of the Feds. By the time I came out my daughter was 6 years old. It took me two years of battling in court to get the courts to force my daughter's mother to let me see my daughter. By then they had filled her head with all kinds of ideas that I was there to take her away. My daughter does not really want to have anything to do with me because she scared. For two years now I've been visiting her and trying to show her that I'm not the bad guy that they made me out to be. But she doesn't get it she's just a child. Maybe she'll get it once she is older. I really don't want to traumatize her by forcing her to live with me. Her mom's family is all she knows. I don't have much family to offer her. So I feel that psychologically speaking it will be better for her to stay there with them. But I won't give up I will continue to visit her in hopes that one day she'll get it.


The crazy part is that I treated her mother very well while she was with me. I never cheated on her I never hit her I provided her with everything she needed food clothing shelter gifts for her family on holidays and birthdays. It's crazy how spiteful women can be. All because I refused to get back with her once I was out of prison. I don't know why she was so mad she had like 5 boyfriends while I was gone. She Never once sent a letter or a picture of my daughter to me while I was incarcerated.


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## Wil_Iam_Fuber'd (Aug 17, 2015)

Understand your circumstances. In time, your daughter will learn to judge you for herself. She will love you for the Man you have become, not the stupid kid you once were. Actions matter, not words. Do right by her and it'll all work out.


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## Nitedriver (Jun 19, 2014)

Seahawk3 said:


> They take 100 percent if your a sole proprietor as their is no law that protects your earnings. The 25 percent above the federal min only applies to employees of an employer
> 
> It's harder to garnish 1099 but not impossible. If he owed a collection agency he would be ok but state or federal collections are different


judgement proof ?? but I knew 1099 is a whole different law with very solid defenses ..


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## Oscar Levant (Aug 15, 2014)

robertl said:


> So I found out that my Uber wages will be garnished from now on. I called support and they couldn't tell me what percentage of my wages will be garnished. Has anyone here ever dealt with this? I've read reports online that they can withhold up to 100% of my earnings. Any help would be appreciated.


I think it is more like 10%, but, in my view, since what they pay you is not earnings, you might have grounds for a lawsuit.
You have expenses to deduct from what you receive from Uber, and they should be only allowed to garnish a percentage of
your actual earnings, per your own profit and loss, which, after you deduct your IRS mileage allowance, you'll find out you are actually breaking even. In other words, you're not actualy earning any money, so they can't do this, in my view. But, it would take a lawsuit to settle the issue.

Another angle is to go with UberSuv or an uberblack, and have Uber pay you as an LLC, and that entity would be your payer, not Uber, and whoever wants to garnish your "wages" would have to garnish that entity. Since you can do the books for that entity, deducting IRS mileage, there might not be anything their the garnisher can attach.

I don't know, just thinking out loud. worth checking out, though.



Seahawk3 said:


> its 100 percent if they want to. honestly get an llc cost about 100 bucks and then pay yourself as an employee. payment to yourself is only after everything else is taken care of gas insurance cr payments etc. that way you cant get garnished because you make less then 217.5 a wk after taxes


 I believe you have to get UBer to pay the LLC bank account for this to work, right?


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