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trescoyotes · Oct 19, 2008, 02:35 PM

My husband just received a notice in the mail that the attorney general is putting a lien through a bank that he used to have a bank account with. My question is that, we had heard about this happening about 3 months ago, so we canceled all the accounts that we had together and just put them all in my name, can the attorney general still tap into those accounts even though my husband does not have access nor is he listed on these accounts? And if so, would it just be in our best interest to shut down all accounts until this is cleared up?

Furthermore, if the attorney general is unable to collect any further monies from him because he is obviously in arrears, he is currently paying his monthly childsupport payment with an included past due amount on a bi-weekly basis, will they still seek to put him in jail. We have three children of our own, but the few times that he has gone to court, it just seems like it doesn't matter. What other options do we have? So helpful advice would be greatly appreciated.

stinawords · Oct 19, 2008, 03:21 PM

If his name is not on the account then no they can't put a lien on it. What state are you in? How far in arrears is he? I ask because most states charge interest on unpaid arrears so even if he is paying his current support the extra amount might not be enough though the interest rates are low.

Fr_Chuck · Oct 19, 2008, 03:37 PM

Sorry but I disagree, if they can prove that he is putting his money ( his paycheck) into this account, then it is just a obvoius fraud to hide the money, yes they may still attach that money and that account, but only to the money that he has in there.

And yes, they don't care about his children with you, they care that he pays his state ordered support for his other children. If that requires him to work 2 jobs or you to work then that is what has to happen.

trescoyotes · Oct 19, 2008, 04:31 PM

We are in Texas and as far as I know, I think that Texas is the state that comes down the hardest for child support especially in arrears. Since he has two cases, a total of 3 children, 1 with the first marriage, and 2 with the second relationship, he has now talled up a bill of arrears of about 15,000 or so and I think that might be rather modest. I am not eaxactly sure what the amount is that he owes, but I know that when he talked to the childsupport office they told him that only about $30 was going towards arrears. How is he ever suppose to catch up with that small amount only going to arrears?

stinawords · Oct 19, 2008, 04:52 PM

He will have to pay more. The amount left over from each payment that dosen't go to current support is what goes to arrears. Have they garnished his pay yet? This might be a good time to look at getting a small loan to get him caught up because if it goes much higher it can mean prison time. How did his arrears get that high?

cdad · Oct 19, 2008, 05:27 PM

From the looks of it your husband needs to address the issue and possibly go to court and see how much is owed and get some kind of time table for it.
This is from another website:

Child support arrears in Texas is significantly increased when adding interest allowed under Texas child support laws. For example, $20,000.00 child support arrears in Texas as of 1983 would be $252,000 as of 2008. $30,000.00 in child support owed in Texas as of 1983 would be $378,000 as of 2005.

Child Support Arrears Texas: Enforcement Laws Allow Interest

trescoyotes · Oct 19, 2008, 07:22 PM

His arrears got so high because of his profession at the time that I met him. He is a welder and was in and out of jobs because those jobs don't last for very long because the pay is so good. So the childsupport was based on the fact that he might have been making close to 40,000 a year, but with about 3 different jobs added together. The arrears came from the time that he was not working and we had a 1 child of our own at the time to support. He went to court about 3 years ago and they actually lowered it sum from about 1200 a month to 850 a month now for both cases combined. This hasn't been easy, but who said it was going to be now. Currently, we are both working for my dad and his bi weekly salary is enough to pay what he owes for his childsupport, but leaves us with a small gap to fill because it is such a big payment. I am working too, but it just seems like the system will never care about the fact that not only are his children from previous relationships involved, so are ours. I just think that sometimes the court sees it as my kids are luckier because they have both parents and they shall suffer in a way of taking as much of our money as they can to make it even for the mothers of his other kids.

cdad · Oct 19, 2008, 07:30 PM

Here is a breakdown that has to be considered. Your kids unless they were conceived together aren't his kids. Unless he adopted them he's not the legal father so the courts don't really consider them " his " liability. Now we all know that isn't true when your in a relationship with someone but in the eyes of the law that's pretty much how its looked at. Is it fair - No. But it is something that ALL ncp ( non custodial parents ) have to deal with. The courts view most NCP's as walking wallets and don't really care so long as you still work and they collect even if you have to live in a cardboard box. To them life is good. ( speaking of our current court systems and the way child support is treated within )

stinawords · Oct 19, 2008, 07:40 PM

The court also says that he knew he had kids to support so if he decided to have sex (no protection is 100%) that was his choice he will have to work extra hard to make sure that his first kids don't fall to the wayside because he has new kids. My husband and I have more than one child and guess what our older one didn't eat any less or grow out of cloths any slower just because we had another kid and neither do his.