40k in arrears, garnishment in place but...

[H Martha]

Jurisdiction

Arizona

I recently learned that my Ex set up offset accounts to which his employer is also pay his wages to. The income withholding order is only garnishing quarterly official "paychecks" but he is making between $2,000-5,000 a month that is drawn to an offset account that the court can't garnish.
1. Is this legal?
2. He is over $40,000 in arrears
3. I subpoenaed his employer for his financial records and am waiting for his bank records.
4. I don't want him in jail because I'm on disability for Stage 4 Breast cancer.
5. If he was hiding this money from me and his employer is helping, what happens?
6. It's possible he is repaying a business loan from his employer but it is my understanding that arrears child support and alimony get paid first. He already declared Chapter 7 bankruptcy. He is a financial advisor (I know. I know!)

 

[hrforme]

you are going to have to learn more about this "offset account".... Have to wonder whether a business loan repayment is possibly NOT considered earnings/non-taxable (i.e. working at a much lower salary/commission rather than a higher salary with a deduction where in the end both are "equal"). That's something to look into!

The employer can get into legal troubles if they disobey the garnishment order, up to or including to pay the garnishment out of their own funds. So most employers do NOT mess with these at all.

 

[H Martha]

I'm not sure how else to get information re: this offset account. The employer did not disclose any particulars other than the amount of $. His boss is his friend
I did subpoena his bank but unsure if he has accounts in other banks as well.

 

[army judge]

I'm not sure how else to get information re: this offset account. The employer did not disclose any particulars other than the amount of $. His boss is his friend
I did subpoena his bank but unsure if he has accounts in other banks as well.

You need to discuss this matter with a lawyer or a collection agency that specializes in collecting child support or alimony.

You can start your search, or have someone assist you.

I wish you well, ma'am.