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Child Support Levy On My Savings Account, How Could This Happen?
Asked Jun 7, 2008, 01:03 PM
I woke up this morning and noticed that $3,600 was missing from my savinings account that my wife and I share. We are in the process of moving so we have been saving to do this. I have always paid and have never been late on payments. I'm sure your wondering why I have a balance to owe then. Well, I try to keep it short. My ex-wife I and separated 8 years ago and I had been paying $350 a month from 2000 to 2003 when in the fall, we went to court to adjust what I will be paying. The new amount became $600.00 because of my income and hers. I had a good paying job and she was finishing college and proved that her income was very low. In Jan of 2004, I was laid off from my job and at the same time, she had graduated and got a high paying job. We came to an agreement to go back to what I was originally making since our incomes had changes. So now I'm paying $350 again. The problem is that neither of us notified CS and this arrangement went on for 3 1/2 years or so. I then re-married and my relationship wasn't the greatest with my ex-wife, she went back to CS and did whatever but the question came up if I have been paying my court ordered amount and she said no. Overnight I went from thinking I was doing everything I was supposed to supporting my son who I see regularly to owing over $13,000 dollars in back support. I tried to fight this but it was no help, my word against hers and over the next 6-7 months, I racked up a $5,000 lawyer bill to get me no where. I understand my shortcomings and where I went wrong. Since then I have had my wages garnished and after we re-established the time and incomes for the both of us, I now pay $311.00 per month plus I have another $125.00 in back support garnished to help me pay down my large amount of deliquent support. I have been doing this for about a year now and today I noticed that a levy was issued against my account that I share with my wife. Can this really be legit and can CA child support actually set up arrangements for me to pay back support, garnish it, and then out of the blue decide that my garneshiments mean nothing and then go after almost my entire savings without a notification. I called BofA and they informed me that they sent me a letter that this was going to happen but I never got it or its coming today. I have already requested to speak to my child support case manager so hopefully I get somewhere with this on Monday. I owe $8K but I guess now 4.6K but having this amount disappear when you need it sucks. I have been researching how this could happen and any help on this matter would be greatly appreciated.
I know that I am in the same pool with people who do not pay and I have to pay for the road that they have paved. I understand where I went wrong but I have always paid some form of Child Support and I go beyond what is needed to be with my son and make sure he is taken care.
The worst part of this all is that I have had my son 80% since January to help his mom out because her new job is in Organge County until school ends when they move. I never adjusted the support based off this because I was satisfied with our current arrangement. Oweing child support is no joke and it has caused me more grief in my personal life and my financial status. There is so much that you cannot do when you owe. I had plans to pay this down within this next year but I guess its happening faster than I could imagine.
If I can't get this money back, it's going to be very rough with the upcoming move. I now have to put my finances on hold and not pay for June if I don't get this back. Deep down, I don't see myself getting this back. I have advised my wife to open a new account in her name only so we can move the rest ASAP. I'll leave this account in my name only and just leave what I need. I hate that it has to be this way, but what choices do I really have.
Dan - Riverside CA
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Jun 7, 2008, 03:55 PM
Ok, so you owe back chilld support because you failed to get an attorney and file a motion to change the amount. So it is owed.
Yes, it can happen very easy, you had back support, you had money in the bank, they can take it. A very easy concept to follow. If your wife had put any of her money in there, and can prove what share of the money is hers, she may be able to file a motoin in court to exempt that amount.
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Mar 29, 2010, 01:14 PM
Unfortunately child support counties are like theves in the night. They are out to get the money and do not care who it belongs to. It will take a minimum of 306 weeks to get any portion returned. If your wife can prove that the money was deposited by her, and not you, then more than likely the court will exempt her portion. I am faced with the same situation,my husband owes back support plus about 10K in interest, and they have taken every dime they can squeeze out of both of us, and without any warning. It is very unfortunate that the father is usually the one stuck with the bill to pay for welfare, then on top of it they charge interest. Nice system we have. My husband basically has been told, well you should have thought of that before you fathered 2 kids, and I say where is the mothers responsibility in all of this. She was allowed to live on welfare for 13 years, never get a job, just continue to have kids, now my life has to be reined by the surprise emptying of my bank account. These kids are married and have kids of their own, and we still pay for it. Frustrating, but all I can suggest is for the time being, you have to just keep your name off bank accounts, call and try to make a reasonable payment plan, and if that doesn't work, then do what you need to in order to support you and your family. These are hard economic times, we all have to get a job, even the housewives that collect free money and want someone to hand them more hand outs. Good luck!
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