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Can Child Support Garnish An LLC Account

Can Child Support Garnish An LLC Account?

| May 7, 2025 | Jason Braswell

Running a business is hard enough without child support enforcement knocking on your door. And if you own an LLC, you might be wondering what parts of your business are actually safe.

Can child support agencies reach into your LLC’s bank account?

Can they take money from your business if you’re behind on payments?

In this post, we’ll go over everything you need to know about child support and LLC accounts.

Can Child Support Garnish An LLC Account?

No, child support cannot garnish a multi-member LLC account.

These types of LLCs have more protection because they’re considered separate legal entities. That means the money in the business account belongs to the company, not just to you.

Child support enforcement agencies can’t just waltz in and freeze the LLC’s bank account unless you’re doing something shady or not following the rules. Courts are a lot more cautious because other people’s money is involved.

They don’t want to punish the whole business just because one owner owes child support.

Also Read: What Should I Do If I Can’t Afford My Child Support Payments?

Now, that doesn’t mean you’re completely in the clear. If you’re getting paid out of the LLC, that money can be garnished once it hits your hands.

But the company’s money? As long as everything is above board, it should be safe.

Child Support and LLC Account

What Can Be Garnished From An LLC Owner?

Even though the business account itself might be protected, the money you personally receive from the LLC can be garnished. This includes:

  • Distributions or draws
  • Management fees or wages

There’s also something called a charging order. This doesn’t give someone access to your LLC account, but it does let a court claim your share of profits or distributions.

It’s kind of like putting a lien on your cut of the business earnings until the support is paid off.

So even though your business might be legit and protected, the money coming to you isn’t off-limits. Once it hits your hands (or is legally owed to you) it can be grabbed to cover support.

When An LLC Account May Be Garnished

There are a few situations that make it a whole lot easier for child support to get into an LLC bank account. These usually happen when the business isn’t being run cleanly or professionally.

Let’s go over each of these:

Commingling Funds

This happens when you mix your personal and business money together.

Using your LLC card for personal groceries, paying your home rent from your business account, or putting client payments into your personal checking – all these blur the lines between you and your business.

Courts look at this behavior and think you don’t really consider the business separate.

Courts hate that. They’ll gladly allow garnishment if they see you treating your LLC account like your personal checking account.

Not Using The LLC Properly

Your LLC needs to look and act like a real business.

That means having proper contracts, invoices, and business dealings. Things like sloppy bookkeeping, missing tax filings, or never documenting big decisions can come back to bite you.

If your LLC exists only on paper but doesn’t operate like a legitimate business, courts may decide it’s just a sham to hide assets.

Also Read: Can A UCC Lien Garnish Wages?

And if that happens, child support enforcement may be able to reach into the business account or pierce through the LLC to get what’s owed.

It’s not common, but it happens when things aren’t run right.

Lack Of Formality

LLCs require certain formalities. You need an operating agreement. You should hold periodic meetings (even if you’re the only member). You need to file annual reports with your state, and maintain separate financial records.

A lot of small business owners skip the formal stuff.

But when you’re facing a legal issue like unpaid child support, all that structure actually matters. If it looks like you’re just winging it or using the LLC as a personal hustle, it gives courts a reason to allow garnishment.

Keeping up with the boring stuff pays off when things get serious.

You’re The Only Owner

Single-member LLCs don’t offer as much protection. That’s just the reality.

How To Protect Your LLC From Child Support Claims

Since you control everything and benefit from everything, courts are more willing to look past the LLC if you owe child support. They may not touch the business account right away, but they’ll be more aggressive about reaching anything you get from the business.

It’s not a guarantee that your LLC will get hit, but it’s definitely easier for enforcement agencies to make a case when it’s just you

How To Protect Your LLC From Child Support Claims

If you want to keep your LLC safe and separate from personal legal issues like child support, you’ve got to run it like a real business. That means staying organized, following the rules, and keeping things clean.

Also Read: Can A Landlord Garnish Your Wages?

It’s not complicated, but it does take consistency. Here’s how to do it right:

  • Use separate bank accounts for business and personal money
  • Pay yourself on a regular schedule through draws or payroll
  • Keep detailed records of income, expenses, and distributions
  • File all required business documents and reports on time
  • Avoid using business funds for personal expenses
  • Have an operating agreement, even if you’re the only member

Bottom Line

Owning an LLC doesn’t mean you’re off the hook for child support.

If you’re making money through your business that income can absolutely be used to pay what you owe. And if your LLC isn’t being run properly, it could get garnished too.

You must treat your business like a business. Keep your money separate. Keep records. Stay above board.

If you’re behind on support, don’t wait for a court order to shake things up. Talk to someone. Make a plan. It’s easier to fix things now than dig out later.

Your business might be your livelihood, but child support is a legal priority. Balance both the right way, and you’ll stay out of trouble.

 

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