I live in Ohio. I was awarded child support in August of 2012. My ex husband is an independent contractor. I was told by my child support case worker that since he is a 1099 it will be very difficult to have his wages garnished for child support. I am pursuing having him served and taking him to court. I have not received a penny of support thus far. Is there a way to have a 1099 wages garnished or should I just give up hope of ever getting the child support I was awarded?
Only his personal accounts
Yes.
Yes
No, they cannot be garnished because there is no paper trail of the earnings until that person completes their yearly taxes. They can put a levy on your bank account though.
Yes.
Child support is based on all income received, including unearned income (but not public assistance/SSI).
NO - You are only required to send in a 1096 if you HAVE 1099's to send in with it
you can refer the following sites to get information about send out 1099 forms to the independent contractors. www.webmasterworld.com/webmaster_business_issues/3386443.htm, www.homebusinessonline.com/ezine/hbb/010125.html
1099 workers are not entitled to labor relations services, because they are independent contractors. They are not employees, they are their own bosses and contract their work out.
No, it doesn't matter of you are a W2 employee or a 1099 employee. The only way they can garnish your wages if you owe child support or tax liens. No, it doesn't matter of you are a W2 employee or a 1099 employee. The only way they can garnish your wages if you owe child support or tax liens. The above is a common misperception...and entirely incorrect...as attested to by the millions of people who currently have their wages garnished for any number of things. I believe it is frequently presented, (likely with qualifying comments around it the casual reader overlooks), by places that claim they can resolve your problems...and frequently end up costing you more and making more of them. At present four U.S. states - North Carolina, Pennsylvania, South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Normally the maximum is 25% of wages. (These items are required to be allowed everywhere, by Federal law). A scattering of others have a few limits on types of debt they may preclude...but as you may expect they generally then provide other options for debt collection. To your question, a wage/salary can be garnished. Of course as an Ind. Contractor, you don't have one. Then the legal term/process is attach or seize. Under a similar process, a creditor can have your assets seized, or even have those that do business with you and may be where you are an account payable (remember those Form 1099 MISC you get from anyone who pays a non corporation more than $600 in a year), and have any amounts they were to pay you sent to them. Which in your case, would replicate garnishment.
A 1099 form is not a tax form, it's a form that needs to be filled out when hiring contractors. You can be audited as an employer if you request that your employees fill out a 109A9 instead of a W2.
A 1099 form that may be encountered while preparing your taxes is a form that is used to report various types of income other than wages, salaries, and tips. The "1099" term is used to describe independent contractors who encounter their forms often.