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What Is The Benefit Of State Exemptions?
Home :: Finance :: Tax
By: James Mulder Email Article
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In addition to the kinds of personal property that may be exempted under the aggregate exemption just described, a debtor may also exempt, without regard to value, the following kind of property: (a) current wages for personal services; (b) professionally prescribed health aids of the debtor or a dependent of the debtor; and (c) alimony, support, or separate maintenance received or to be received by the debtor for the debtor’s support or a dependent of the debtor. "Current wages" are wages owed to an employee. Once the wages have been paid to the employee, they are not "current wages" for and they are no longer exempt. This means that if you are an employee, your employer cannot be required to hand over your paycheck to your creditor, but if you deposit it in an account or cash it in, it is no longer exempt. Also, if you are a deadbeat dad or mom, your current wages will be subject to the enforcement of court-ordered child support payments.

But wait, there is more. A debtor is entitled to an unlimited exemption for his rights in retirement plans. The exemption includes the debtor’s right to payments under, or the right to assets held in, the following types of plans: (a) stock bonus, pension, profit-sharing plans, and similar plans, including retirement plans for self-employed individuals; (b) annuities purchased with assets distributed from such plans; (c) retirement annuities or accounts described in section 403(B) or 408A of the Internal Revenue Code; (d) individual retirement accounts or annuities, including a simplified employee pension plan; and (e) government or church plans or contracts that qualify under the Employee Retirement Income Security Act of 1974.

Finally, an insured or beneficiary of a life insurance policy or annuity has an unlimited exemption of the policy value or benefits to be paid from seizure of a judgment creditor, except for a child support lien.

I don’t know about you, but Texas looks like a pretty good place to hang your hat.

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James C. Mulder is an attorney with over thirty years of experience in Wealth Transfer, Tax and Asset Protection Planning. Mr. Mulder is a frequent contributor to Steven Kay's business talk radio show on CNN AM 650 Houston.

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