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dweirzbicki · Sep 22, 2009, 05:42 PM

Hi, I am in a real big mess! My boyfriend and I live together for about 9 years and child support is garnishing his paycheck for about 600 per month, which has put a terrible hardship on us. It's only for one child. The child's mother left the state and we do not know where she is living. He does not see or hear from the child, never did. He is in the arrears for about 5,000. We have a joint bank account and I am the primary account holder. The just put a lien on the account and tacked on the court order fee and the amount of fees keeps climbing. How do I get him off my account since we are not married. I live in New York, and the court order came from brooklyn, Kings county courthouse. What do I personally have to do to get rid of this lien and what does my boyfriend have to do. He doesn't understand his rights as a non custodial parent. I have been trying to tell him to go back to court to file a downward motion. I think that he doesn't even know where to start. I am 51 yrs old and I do not need this kind of stress in my life. Please help me to find answers or even places to go to get information on this matter. Thank you very much.:confused:

stinawords · Sep 22, 2009, 10:11 PM

First if he thinks he is paying too much then he needs to get a court date to request a support order modification (though he may end up paying more if he isn't absolutely sure he is paying too much as it is). Second, to get the lien off your account the arrears must be paid simple as that (I know it's easier said than done). You can't just take him off the account because while you are the primary he is also on the account so the money can now be taken for his support. After the arrearage is met then there won't be a lien on the account. Do you have another account that is in just your name? If so use that one, if not open one.

dweirzbicki · Sep 23, 2009, 01:47 PM

Ok thanks, but is the mother of the child allowed to move out of state and the child support checks are going to an address in the state she left, (NY). And how can I find out if he's paying too much. Thanks again.

ScottGem · Sep 23, 2009, 01:58 PM

First, if he is listed as a joint owner on any account, that account is subject to attachment for his debts. If you can prove that none of the funds in that account are his, then you might be able to get the attachment removed. For the future, you should close that account and open a new one in your name only.

Second, if there was a court ordered visitation schedule in place, then her moving would not have been allowed. But it sounds like your boyfriend is doing nothing about his rights.

HE (you have no legal standing) needs to file in court for a modification of the support and enforcement of any visitation.

dweirzbicki · Sep 23, 2009, 02:57 PM

Yes, you are very helpful. Thank you so much. Thank you... thankyou!!

stinawords · Sep 23, 2009, 10:41 PM

Every state has an online calculator that you can use to get a guestamate of how much support would be ordered. If he wants a modification hearing then he will have to file for one. Does he have any court ordered visitation? It dosen't sound like he does and therefore her move wouldn't really affect the father/child relationship.