Child Custody And The Amount For An Eligible Dependant
Generally, if you are required to make child support payments to a current or former spouse or common-law partner for a child, you cannot claim an amount for an eligible dependant on line 30400 for that child.
If you and another person each have a clearly established requirement under a court order or written agreement to make child support payments for a child, normally neither of you would be able to claim the amount for an eligible dependant for that child. However in this case, you may still be eligible to claim the amount for an eligible dependant, as long as you and the other person agree that you will make the claim. If you cannot agree, neither of you can claim an amount for an eligible dependent for that child.
One person paying child support
If you make child support payments for a child and the other parent does not, you cannot claim an amount for an eligible dependant for that child. Only the parent who does not pay child support can claim the amount for an eligible dependant on line 30400 of their tax return for that child.
More than one person paying child support
Change in custody
If there was a change in custody during a year and, as a result, you both were required to make child support payments at some point during the year, you have to agree who will claim an amount for an eligible dependent for that child. If you cannot agree who will claim the amount for the child, neither of you can make the claim.
How To Arrange Child Support
You can set up, update and enforce child support in one of three ways:
- Online: you and the other parent or caregiver both enter information to arrange child support
- : you and the other parent or caregiver write an agreement yourselves, or with the help of a lawyer or mediator, to arrange child support
- Court: you and the other parent or caregiver arrange child support by filing documents in court
Can The Dor/cse Freeze All Of The Money In My Bank Accounts
The DOR/CSE cannot freeze money in your bank account if it comes from:
- Transitional Assistance to Families with Dependent Children ,
- Transitional Aid to Needy Families ,
- Emergency Assistance for Elderly, Disabled, and Children , Supplemental Security Income , or
- State Veterans’ benefits.
And, the DOR/CSE cannot freeze money that does not belong to you.
For example
If you are a court-appointed guardian for someone and have money in your account that belongs to that person, the DOR/CSE cannot take those funds.
If the DOR/CSE freezes this kind of money, you can send in a bank levy response form. Use this form to tell DOR/CSE to unfreeze money they should not have frozen.
Read Also: How Long Can My Bank Account Be Negative Chase
Is Any Of My Income Protected From Child Support Collection
DHHS can’t take these types of income from you:
- Public assistance like TANF, SSI, SNAP and General Assistance
- Money you get as child support for other children in your household
If you get TANF or SSI, you should not be required to pay child support at all while you receive those benefits. If you owe back payments, DHHS should not collect these from you while you are getting those benefits. Exception:;DHHS can take a “lump sum”;that you expect to get, such as a personal injury award, lottery winnings, or an inheritance. Some of this money may be protected – like court settlement money earmarked for a specific expense – so get legal advice if you have questions.
If DHHS is collecting back support for a child who now liveswith you and you get any kind of low-income benefits for that child, DHHS should suspend collection. The other parent will be notified and may contest this suspension.
Otherwise, if you are supporting a spouse or dependent child , DHHS can take up to 50% of your disposable weekly income. This goes up to 55% if you are 12 or more weeks late with your payments. If you are not supporting another dependent, then they can take up to 60% of your disposable weekly income. This goes up to 65% if you are 12 or more weeks late. If you are not behind in making payments, only the weekly support amount can be taken.
Examples
Can Child Support Freeze My Bank Account
Every State has a child support agency. These child support agencies have a vast amount of power enabling them to take several different collection actions against individuals that owe child support and are not paying.
One of the collection actions they may take is to freeze your bank account if you are behind on child support payments.
Child Support agencies do have the authority to freeze a bank account if you owe child support and are not paying.
Typically freezing your bank account is a collection action of last resort.
If your bank account is frozen due to a child support levy then chances are you blew off several attempts by the child support agency to work out other arrangements for you to pay your child support.
You May Like: What Is Bsa In Banking
Can Dhhs Take Money Out Of My Bank Account
Yes, in some cases.
Your bank is required to give information about your account to DHHS if they ask for it. This is done through a “computer match” process. DHHS can ask for the account information from each bank four times a year. The bank cannot tell you when this report to DHHS is happening. Once DHHS has your account information, it can “seize” money from your account if you owe more than $500 which has been owed for at least 60 days.
To do this, DHHS must be able to show that you had prior notice of the debt and an opportunity to challenge the debt. You have the right to an administrative hearing.;
When Can Dhhs Take My Driver’s License Occupational License Or Recreational License
DHHS may revoke your driver’s license, occupational license or recreational licenses if:
- you are more than 60 days overdue on your child support payments;
- you do not have, or are not keeping up with, a payment arrangement to pay toward back support; and
- DHHS can also revoke your license if you fail to provide health insurance for your child after you have been ordered to
Note:; DHHS should not revoke your license if you are receiving TANF or SSI for yourself or state supplemental SSI benefits for your child.
Also Check: How To Transfer Money To International Bank Account
What Can I Do If Dor/cse Seizes
If you do not pay your child support, the Department of Revenue Child Support Enforcement Division can seize your bank account to pay for the child support you owe.; Seizing your bank account to pay a debt is called levying.
Before the DOR/CSE can levy your bank account it must send you a Notice of Child Support Delinquency. The notice tells you
- the amount you owe and
- that you have 30 days
- to pay the full amount, or
- send in the form that asks DOR/CSE /CSE to review its decision that you owe back child support. This is an Administrative Review.
If you send in a written request for an Administrative Review, the DOR/CSE can only start to levy your bank account after they send you the results of the review.
If you do not pay the money or you do not ask DOR/CSE to review its decision the DOR/CSE can levy your accounts.
You Have Legal Options To Receive Child Support
If the other parent is refusing to pay child support, it does not mean there is no legal remedy. Arizona state law grants the court and the Arizona Department of Child Services a number of avenues they can use to help you get the money you are owed. The court and this agency recognize that this money is needed for the benefit of the children. Failure to get that money is putting the children at a disadvantage and the court deems this unacceptable.
One of the remedies available to the court is to actually assign jail or prison time the parent refusing to pay child support. While this may catch their attention, it is likely not the remedy you would choose. After all, you are not receiving any money if they are sitting behind bars.
In some instances, the court can take away a persons drivers license or their professional license for not paying child support. These may not be ideal options either, as a failure to have a drivers license or their professional license can make it difficult for them to get to work, earn a wage, and pay the money they owe. That doesnt really help the children either.
Read Also: How To Get Netspend Bank Statement
How Does Child Support Work If I Live In A Different State Than My Child
When you do not work in the same state that your child lives in, your child support deductions will work in two ways.
Child support will be paid for as long and for as much as the state that gave you the court order requires. You will not, however, be garnished over the maximum percentage for the state you live in. It will only be deducted for your states required deductions.
So, for example, if you work in Idaho and your child support order comes from California, your paycheck will be deducted for the amount the California judge determines is your monthly payment. You will not, however, have to pay the mandatory deductions that California requires. Instead, you will pay for what Idaho requires, which are simply state and federal taxes. If you were also being garnished for child support arrears, you would only be garnished at Idahos rate rather than Californias.
Debit Through Bank Levy
A less-desirable situation happens if you fail to pay your child support at all. The funds can be taken from your account, but this isnt an easy process. Youll likely receive notice that youre behind, and if you ignore that, your state child support enforcement office will seek a court order to freeze your bank account for the amount due. The laws on how this is done vary from one state to the next, but you should receive a notice in the mail of the court order, as well as communication from your bank that the order has been placed.
Once it receives the request, your bank will freeze the amount due in your account for a short period of time. This is designed to give you a chance to protest the levy if theres been an error. Youll have the use of other funds in that account during that time, assuming you owe less than your balance. After that time period has passed, the amount will be sent to the appropriate government department, and the freeze will be lifted.
You May Like: How To Add Money To Paypal From Bank Account
States Can Garnish Funds From Joint Bank Accounts
You may be wondering how the state can garnish funds from a joint bank account, especially when the money may come from the account holder who does not have a child support obligation. Even though such accounts have two account holders, one of whom is not liable for a child support debt, states can legally garnish funds from joint bank accounts to satisfy a noncustodial parents child support obligation.
Generally speaking, for a child support agency to garnish a parents bank account, the child support agency must first obtain a court order, which instructs the bank to remove funds from the account holders bank account until the judgement is collected. In effect, the account holders may not be able to access any of the funds in their bank account until the garnishment has been satisfied completely. Some funds, however, are exempt from garnishment and these include:
- Supplemental Security Income
- State assistance for low-income families
- Veterans benefits
Should I Talk To Dhhs About Setting A Lower Weekly Amount That I Can Afford
If DHHS is threatening to take a large portion of your income to pay a past support debt, you may want to contact the DHHS support worker. Explain what your expenses are and what you believe you are able to pay. If the worker thinks your plan is reasonable, they may agree to accept a lower payment amount. Note: DHHS cannot agree to accept a payment amount less than the amount of current support. Get this agreement in writing.
Don’t Miss: How Much Can You Overdraft Td Bank Atm
Can I Be Fired If My Employer Receives A Garnishment Order
You cannot be fired for having one garnishment order on your paycheck. This is a federal law that protects employees. However, if you have two or more garnishment orders on your paycheck, then your employer does have the right to end your employment with them.
There are some states that provide protections for employees with multiple garnishments and your company may not see a reason to let you go for having multiple garnishments.
Some companies, however, may consider this option if you work closely with the finances of the organization, seem distracted on the job from possible money concerns or if they feel the number of garnishment calculations is a burden.
If you feel that this could be a possibility, it may be beneficial to speak with your manager or HR representative at the company. Be honest with them about your garnishments and your desire to not only do well in your job but to use these garnishments as an opportunity to fulfill your financial obligations.
This open channel of communication can help your employer understand your need to keep your job and better understand your personal situation straight from you, not a court order.
What Bank Is Associated With Eppicard
4.6/5
The Georgia EPPICard Debit MasterCard Card is issued by Comerica Bank, pursuant to a license by MasterCard International Incorporated.
Likewise, what bank does child support use? Receiving your child support payments through the Bank of America Mastercard® debit card offers you important benefits: No check-cashing fees. Increased security.
Similarly, it is asked, can you transfer funds from EPPICard to bank account?
Deposit transfers. You may transfer funds from your Card to a bank checking or savings account. You can confirm the deposit transfer by calling the Customer Service Center toll free at 1-877-406-8257, by visiting our website, www.EPPICard.com, or by contacting your bank.
Where can I get money off my child support card?
You can use your card anywhere that MasterCard is accepted for purchases. You can also get cash withdrawals from your card. To get cash without being charged a fee, use any MoneyPass ATM . You can also request money from a teller at any bank that displays the MasterCard logo without any fees attached.
You May Like: Which Bank Is Good For Business Account
Receiving Child Support Payments
We want receiving a support payment to be as convenient as possible. As a parent receiving support, you have two options:
To receive payments via direct deposit, you must have a U.S. domestic bank account. No bank account is necessary to receive funds on a U.S. Bank ReliaCard Visa prepaid debit card. To learn more about the debit card, see U.S. Bank ReliaCard FAQs ».
What These Laws Really Mean
Basically the Federal government and individual states take child support very seriously.
For that reason they have enacted very powerful laws that make it easy to collect child support from parents that do not willingly pay.
The government granted child support agencies the power to attach bank accounts and use any seized funds to apply to the child support debt owed.
Also Check: How To Hack Your Bank Account
How Can I Stop Dor/cse From Seizing My Bank Account
Fill out the within 15 days from the date on the Notice of Levy.;
On the Bank Levy Response Form check your reasons for stopping the levy.
Important
You need to include documentation for any reason you have checked.
Send in the Bank Levy Response Form within 15 days from the date on the Notice of Levy.;
When DOR/CSE gets your Bank Levy Response Form; they review the decision to levy your accounts.
After DOR/CSE reviews the decision to levy your account, they send you a letter. They may decide the levy was wrong. If it was wrong, DOR/CSE will undo the levy.
How Garnishment Works
When money is taken from your bank account, you usually will know. States will send a notice that the garnishment will be taking place, in addition to any other late notices youve received. The procedure is to take the money and have the account-holder fight to get it back. If youve had money taken from your account, you should contact your local child support enforcement office to ask what you need to do to challenge the levy.
Read Also: How To Activate Bank Of America Debit Card
When It Might Happen
The process varies based on the state. Arizona won’t begin the levy process until you’ve accumulated 12 months of arrears, or past due support. California starts the collection process as soon as you’re a month late or $100 overdue, whichever happens first. As of July 2004, the California State Franchise Tax Board receives every child support order for collection as soon as the judge signs it. If you make your payments on time, nothing will come of this. But if you’re late, the FTB will start collection efforts. If you’re behind with your child support, consult with an attorney in your state to determine how much time you have to get caught up before the state takes action.