How can someone freeze your bank accounts with out any prior notification? How much of a persons income can be garnished in total? My husband works in Georgia, lives in South Carolina, judgement was handed down in Georgia.

You would have been served notice of the judgement, after that, there is no notice in GA for any bank or wage garnishment.


The normal garnishment in GA is for 25 percent of gross income. ** there are many factors, but the place he works will have been served with a court order of garnishment this would tell exactly what they can take
They may take the entire amount in the bank account.

As you're posting in Family Law, I have to assume that the judgment is in regards to child and/or spousal support..

If it is, then they do not need to notify you that they are freezing your account.

How can someone freeze your bank accounts with out any prior notification? How much of a persons income can be garnished in total? My husband works in Georgia, lives in South Carolina, judgement was handed down in Georgia.

Ok, First off we need to know what the real situation is. Did they garnish a joint account because your husband is in arrears ? Is he the one oweing child support ? The max they can take if arrears are involved is 50% of gross from a paycheck. That can mean having a paycheck just about disappear completely. The taxes are still due on the original gross amount so depending on the tax bracket you can be left with 10 or 15% after all is said and done.

This was a judgement for attorneys fees for 2 contempts. SHe brought him back to court 7 months after the final divorce asking for an increase in child support based on "change in circumstance", also stating he was not timely on his child support payments, because he paid on his payday every 2 weeks per mutual agreement and the divorce agreement was the 1st and 15th. I have no issue with the child support whatsoever I have been a single parent of 3 and bekieve that it is his responsibility to support his children without fail. What I do have issues with is what they based the increase on. WHen they were married they had financila limitations and therefore were somewhat limited on what they could afford. I found the judicial system to be tainted and bias. She picked up took the kids and left one day after 20 years while in the midst of one of multiple admitted and known affairs, and he seems to be paying for that. As it is he does not even bring home 1/3rd of his pay. He certainly would not be able to live on his own. How is it that this can happen and a father is forced to live below the poverty level, are there no laws to protect the father? This case has been very complex and has many dimensions, it just seems as though the law has protected her. How can anyone be expexcted to live on 10-15% of their income. I just have not seen any justice nor have I seen that anyone really cares about what the father endures emotionally and financially including his own attorney.

Good catch, did not see the family law connection, sorry.

1. child support in GA is based on income, for one child it is normally about 15 percent of pay

As the contempt, sorry there is no "imformal" agreement that is binding, so he trusted someone that ran off with the kids ?

So no unless he is having to pay back payments and the such but seldom have I ever seen them take more than 1/2 of the pay.

So why did he not file to get custody, or joint custody ?

He has joint custody. Part of the problem is in the state of Georgia you need an attorney for everything, and well that equals money.

This was a judgement for attorneys fees for 2 contempts. SHe brought him back to court 7 months after the final divorce asking for an increase in child support based on "change in circumstance", also stating he was not timely on his child support payments, because he payed on his payday every 2 weeks per mutual agreement and the divorce agreement was the 1st and 15th. I have no issue with the child support whatsoever I have been a single parent of 3 and bekieve that it is his responsibility to support his children without fail. What I do have issues with is what they based the increase on. WHen they were married they had financila limitations and therefore were somewhat limited on what they could afford. I found the judicial system to be tainted and bias. She picked up took the kids and left one day after 20 years while in the midst of one of multiple admitted and known affairs, and he seems to be paying for that. As it is he does not even bring home 1/3rd of his pay. He certainly would not be able to live on his own. How is it that this can happen and a father is forced to live below the poverty level, are there no laws to protect the father? This case has been very complex and has many dimensions, it just seems as though the law has protected her. How can anyone be expexcted to live on 10-15% of their income. I just have not seen any justice nor have I seen that anyone really cares about what the father endures emotionally and financially including his own attorney.

The statement of yours which I placed in bold is not true. The state would never order your husband to pay such a high amount of child support that it would cause him to fall below the poverty level; doing so would essentially be shooting themselves in the foot. If they made him pay her all that large of a sum of money, then he'd qualify for state assistance and the government would be costing themselves money by doing that.

How many children to they have together? What is your husband paying weekly/biweekly/monthly in support? What is his gross income?

The statement of yours which I placed in bold is not true. The state would never order your husband to pay such a high amount of child support that it would cause him to fall below the poverty level; doing so would essentially be shooting themselves in the foot. If they made him pay her all that large of a sum of money, then he'd qualify for state assistance and the government would be costing themselves money by doing that.

How many children to they have together? What is your husband paying weekly/biweekly/monthly in support? What is his gross income?

I have to disagree with what's being said here. Depending on who the OP is dealing with it can easily happen. In Calif for example they child support services routinely changes child support orders without even passing it by a judge or anyone for that matter. So an agency can in fact order a person beyond their means. As far as being able to get state services that also isn't true. Like many services for the needy they base it off the tax return. So after taxes and child support ( non dedictable ) a person can make well above the poverty line and keep them from getting needed services yet at the same time only bring home $400 or $500 per month. ( well below the poverty line for a single person )

Many fathers today are asked to live at or very near the poverty line and also asked to keep giving even when food and shelter are at risk. There are Federal laws to aid in the prevention of going too far but it can and does happen and unless the person paying the child support lets the courts know it will continue to happen.

Ref for poverty guidelines :

2009 Federal Poverty Guidelines (http://aspe.hhs.gov/poverty/09poverty.shtml)

Up to 60 percent can be taken in cases of child support and alimony, unless the worker is supporting a second family, in which case only 50 percent may be garnished -- and, for child-support payments more than three months late, an additional 5 percent may be taken.

I have to disagree with whats being said here. Depending on who the OP is dealing with it can easily happen. In Calif for example they child support services routinely changes child support orders without even passing it by a judge or anyone for that matter. So an agency can in fact order a person beyond thier means. As far as being able to get state services that also isnt true. Like many services for the needy they base it off of the tax return. So after taxes and child support ( non dedictable ) a person can make well above the poverty line and keep them from getting needed services yet at the same time only bring home $400 or $500 per month. ( well below the poverty line for a single person )

Many fathers today are asked to live at or very near the poverty line and also asked to keep giving even when food and shelter are at risk. There are Federal laws to aid in the prevention of going too far but it can and does happen and unless the person paying the child support lets the courts know it will continue to happen.

Ref for poverty guidelines :

2009 Federal Poverty Guidelines (http://aspe.hhs.gov/poverty/09poverty.shtml)

If the CSA is ordering an increase in support that is so radically affecting the father, then he needs to get it amended. I didn't know CA went by your tax return; WI uses your monthly income and certain services deduct the support from your income because you never see the money.

Either way, I'm still curious as to how much the OP's husband is paying and for how many children.

If the CSA is ordering an increase in support that is so radically affecting the father, then he needs to get it amended. I didn't know CA went by your tax return; WI uses your monthly income and certain services deduct the support from your income because you never see the money.

Either way, I'm still curious as to how much the OP's husband is paying and for how many children.

I have to agree with califdadof3 . The child support payments are not deductible.
The alimony is considered deductible by the person paying it and taxable income for the person receiving it.

Child support payments are strictly designated for the benefit of minor children. These payments may be paid in conjunction with alimony payments, but they are treated differently. Unlike alimony, they are nontaxable and nondeductible.

There is no child support deduction.