How to protect your income from child support

kayode10

VIP Contributor
Child support is an ongoing payment made by a non-custodial parent to a custodial parent for the care and support of their child or children.

It is a legal obligation, and failure to pay can result in severe consequences such as wage garnishment, loss of driver's license, and even imprisonment. However, there are several ways to protect your income from child support obligations.

Pre-nuptial or Post-nuptial Agreement: A pre-nuptial or post-nuptial agreement can be used to protect your income from child support obligations.

These agreements are legal documents that outline the distribution of assets and liabilities in case of a divorce or separation. The agreement can include provisions that limit or waive the child support obligation.

Trusts: A trust can be set up to hold assets that generate income. The trust can be designed to pay out to the beneficiary in a way that does not affect child support obligations. However, it is important to note that the court may view such trusts as a way to evade child support payments and may set them aside.

Business Entities: If you are a business owner, setting up a business entity can help protect your income from child support obligations. This is because the court can only garnish wages or income from an individual, not a business entity.

However, this strategy is only effective if you have a legitimate business, and the court does not view it as a way to evade child support payments.

Retirement Accounts: Retirement accounts such as 401(k)s and IRAs are generally protected from garnishment by creditors, including child support obligations. However, this protection is limited, and the court can still order that a portion of the retirement account be used to pay child support.

It is important to note that evading child support obligations is illegal and can result in severe consequences. The best way to protect your income from child support obligations is to work with a qualified attorney who can help you navigate the legal system and develop a plan that is legal and ethical.
 
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