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Can personal injury settlement be garnished for child support in FL?
Yes, for past-due support.
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Are Personal Injury Settlement Proceeds Taxable?
Personal Injury proceeds are NOT taxable .
No. Personal injury proceeds are considered compensation of injuries and losses, it is not a "gain" or "windfall" under the tax c…odes..
Actually, whether personal injury damage awards are taxable depends on what the award is for. If it is to compensate for personal physical injuries or sickness, then it's not taxable (IRC Section 104(a)(2)). Emotional injury that is the result of of physical injury may not be taxable; however emotional injury that is the result of nonphysical injury (for instance, defamation or trespass) is generally taxable. Likewise, lost wages that are the result of physical injury may not be taxable. (See IRS Guidance: Lawsuit Awards and Settlements and Rev. Ruling 85-97.)
Can child support garnish 401k in Illinois?
No Benefits and refunds payable by pension or retirement funds are exempt and not subject to deduction orders. 735 ILCS 5/12-804. See also the exemptions listed in the section… below for non-wage garnishments. 735 ILCS 5/12-1006 exempts a debtor's interest in pensions, annuities, benefits, distributions, refunds of contributions or other payments under certain retirement plans. Compare to 735 ILCS 5/12-704 which exempts from garnishment benefits and refunds payable by pension or retirement funds and any assets of employees held by such funds. Cf. MacKey v. Lanier Collections Agency, 486 U.S. 825 (1988).
Can a lump sum personal injury settlement be used as income for child support in new york state?
The court should certainly take a PI settlement into account.
Can child support garnish financial aid?
Yes and no. Pell Grants and Student Loans are exempt from garnishment by federal law. This money will go directly to your college and pay for books and such. School must be pa…id for first. However, a bona fide loop hole does exist: If you recive a left over rebate from your college and deposit those funds into a bank account, it's fair game. This is why you burn all left over money from your school up or ask your school to give you a check instead of a bank transfer. Just sign that check over to someone else. Because if you're scared that your pell grant or student loan is going to be intercepted, it's obvious you have a garnishment order if effect on your bank accounts, paycheck, income tax check and ect, lol. Do the right thing you guys, and make a payment plan with the state to stop most enforcement efforts.
How do you amend a child support settlement?
You must personally petition the court for an amendment. Go to the court and file the necessary papers.
Can VA benefits be garnished for child support?
The simple answer to this question is no. Can a judge do anything they want with judicial immunity? The answer is yes. It's up to the lawyers to present the law and convince t…he judge. If they fail to do that the court can and has in many cases made improper rulings. Is VA Compensation the same as disability? No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution. Is it legal to use VA Compensation for Spousal Support? No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well. Is it legal for the COURT to use VA Compensation for Child Support? Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1987 and prior the answer is yes. From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety. 38 USC § 211 - 1987 "The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans." 38 USC § 511 - 1988 "The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise." This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents. Is it legal for the Department of Veterans Affairs to divide VA Compensation? Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process. The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment. When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents. The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration. Read more: http://wiki.answers.com/Q/Is_va_disability_used_to_calculate_child_support#ixzz2HB8Gv1Bz
Stopping wage garnishment for child support?
Only if the child has reached the age of majority in accordance with the state laws. See link Otherwise, retain the garnishment, which is suppose to be on all obligoes… by federal law, as it's better for dealing with false claims of non-support.
Can a 401k be garnished for back child support?
No Benefits and refunds payable by pension or retirement funds are exempt and not subject to deduction orders. 735 ILCS 5/12-804. See also the exemptions listed in the section… below for non-wage garnishments. 735 ILCS 5/12-1006 exempts a debtor's interest in pensions, annuities, benefits, distributions, refunds of contributions or other payments under certain retirement plans. Compare to 735 ILCS 5/12-704 which exempts from garnishment benefits and refunds payable by pension or retirement funds and any assets of employees held by such funds. Cf. MacKey v. Lanier Collections Agency, 486 U.S. 825 (1988).
What is the garnishment rate in Texas on child support?
The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000 or less. If …the obligor's monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order: % Net Resources 1 - 20%, 2 - 25%. 3 - 30%, 4 - 35%, 5 - 40%, 6 or more - Not less than the amount for 5 children If the obligor's net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor's net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child. Sections 154.125 and 154.126 of the Texas Family Code.
Is a personal injury lawsuit settlement taxable?
Some of it can be... Not taxable:Compensation for lost propertyCompensation for expenses caused by the injury (such as medical bills) Taxable:Compensation for lost incomePunit…ive damage awards
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Can your disability be garnished for child support?
Yes, SSD, SSID and other public and private disability benefits are subject to garnishment for child support obligations when a valid court order exists.
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How much child support will they garnish out of your unemployment?
It depends. Did you have a support agreement in place before you lost your income? If you did they will continue to withhold the same amount from your unemployment check. If y…ou did not then they will decide at the child support hearing. In most states it is based on percentages. In NY state the maximum for one child is 17% of your gross pay.
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Can child support garnish ssi check?
No - SSI is a form of public assistance.
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Can child support garnish a corporation?
If it is proven that a person is hiding their money in a corporate account in order to avoid paying child support, the funds may be frozen. A court order would be necessar…y.