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Garnish a dependent's wages?

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    #1

    Garnish a dependent's wages?

    Can either the IRS or the CA FTB garnish a dependent's wages? My son is working PT, min wage, he is 19 lives at home and I "can" claim on my taxes as a dependent but I don't want the IRS or FTB garnishing his wages for my debt. Any one know?


    Thanks
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    #2
    Is his money co-mingled with yours in the same checking/savings account? If so, then yes they can. If he has his own account, then no, I do not believe that they can.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      I don't know how they could garnish another person your tax liability. Something about that just has to be wrong.
      8-07-09-filed Chapter 7
      11-18-09-DISCHARGED!!

      Life is not what challenges you face, but how you face those challenges.

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        #4
        Nevertheless, if the father and son's funds are co-mingled into the father's account with his tax ID, it can be garnished. The son needs to have his own account, with his own tax ID--(ss number).
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment

          #5
          Originally posted by AngelinaCat View Post
          Nevertheless, if the father and son's funds are co-mingled into the father's account with his tax ID, it can be garnished. The son needs to have his own account, with his own tax ID--(ss number).
          I agree if both share a bank account and co mingle funds, then yes. However, if they do not share a bank account, the dependant should not be worried, as they can not garnish the wages through the empolyer. Only a possibly shared bank account.
          8-07-09-filed Chapter 7
          11-18-09-DISCHARGED!!

          Life is not what challenges you face, but how you face those challenges.

          Comment

            #6
            I agree. However, we do not know the situation yet. The OP has not come back to this thread yet.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #7
              Just to be clear I'm talking about garnishing a paycheck not levying a bank account. I'm about to file my 2012 taxes and I can claim him, which will help with my not-yet-filed ch7 (aug 2013 is when I can file). We do NOT share a bank account, this his paycheck I'm talking about. FWIW, when you file you must/should include the dependents SSN. I have enough problems with the IRS/FTB and I don't want anymore. My case with both the IRS and FTB is large enough to have concern. I'll call the FTB later today as they have been very straight forward and merciless in their pursuit.

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                #8
                Update/Answer: No, they cannot garnish a dependents wages since it is a "different" liability. I called and spoke with both the IRS and FTB and they said essentially the same thing.
                • Likes 1

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                  #9
                  Thank you for the update!

                  I have just made this thread a 'sticky' for others coming after you.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

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