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-   -   Child support bank lien (https://www.askmehelpdesk.com/showthread.php?t=789818)

  • Apr 16, 2014, 12:22 PM
    stephd84
    Child support bank lien
    I just got an alert from my bank stating my account was frozen. My boyfriend owes and just got a job but having difficulty with income deduction due to a new company taking over ownership. His income tax was applied. The amount of the levy exceeds what he owes by thousands and the money in the bank is mine. Is there anything I can do to get my money unfrozen
  • Apr 16, 2014, 12:37 PM
    smoothy
    Legal fees and other penalties are going to raise the amount owed to suit. Thats what happens when debts go unpaid.

    If his name was on the account they have the right to attach it. Its going to be upon you to prove how much of it is yours, they can assume its all his until then since his name is on the account... and no I don't think its going to be easy.
  • Apr 16, 2014, 12:42 PM
    stephd84
    Quote:

    Originally Posted by smoothy View Post
    Legal fees and other penalties are going to raise the amount owed to suit. Thats what happens when debts go unpaid.

    If his name was on the account they have the right to attach it. Its going to be upon you to prove how much of it is yours, they can assume its all his until then since his name is on the account... and no I don't think its going to be easy.

    Thanks smoothy yes he owes but it's 7 plus thousands more. I can understand the debt but none of the money in it is his. We go to the child support office they gave me a number who doesn't answer. He had nothing direct deposited
  • Apr 16, 2014, 12:49 PM
    smoothy
    Quote:

    Originally Posted by stephd84 View Post
    Thanks smoothy yes he owes but it's 7 plus thousands more. I can understand the debt but none of the money in it is his. We go to the child support office they gave me a number who doesn't answer. He had nothing direct deposited

    Doesn't have to be direct deposited... his name on it means he has use of the account... proving none of its his will be difficult... I hope you kept copies of your paystubs and other deposits... including old account records. You are going to need all of them to back up your assertion none of it in the account was his.


    Good luck... its going to be a lot of work. This is one reason I don't think joint accounts are a good idea until you get married. (PS. It would have been the same for any other type of judgement as well)
  • Apr 16, 2014, 12:54 PM
    stinawords
    It doesn't matter if he had direct deposit. What matters is that his name is on the account so that makes it his. Just like your name is on it so it is also yours and a court could freeze it for your debts as well (not saying you have any but it is the same thing). You can open another account in just your name to put your money into so that you are able to access that account. However, for the account that is already frozen you have an uphill battle until he is current. The two of you could come together to get him caught up right away then it won't be an issue anymore.
  • Apr 16, 2014, 01:06 PM
    ScottGem
    You have to go back to the court that issued the writ of attachment on your account. The bank should have that info. You then need to petition to vacate the attachment order on the grounds that all the funds in the account are yours. You will need to prove this showing several months history of deposits of only your paycheck. If you cannot account for every deposit, the petition to vacate may be denied.
  • Apr 16, 2014, 02:58 PM
    AK lawyer
    The confusing part here is that the BF's tax refund appears to have been intercepted, as well as a bank levy. Which is it?

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