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    Lisaybarra66's Avatar
    Lisaybarra66 Posts: 2, Reputation: 1
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    #1

    Mar 9, 2010, 08:48 PM
    Bank account lien for child support arrears
    A bank lien was placed on my bank account for child support arrears. Last year, I met with the father and the mediator and we agreed for 75 dollars a month payments. I told the mediator that as of Dec 5, 2009 that a new company was taking over my present company and gave the mediator the information. When the new company took over, I started a direct deposit, which was my first time. On March 5, 2010 my account was cleaned out. I spoke to the lady that worked for the state and had my case and she seen in the file that I gave my new job info. But said it was still my fault. She told me I could file a court date but was trying to discourage me on doing so, saying that it would be a waist of my time. I am still filing. She also told me my bank should have sent me a letter of this upcoming action and when I went to the bank, I was told that the day they received the notice, they gave the state the money and sent a courtesy notice but was not obligated to even do that. The bad part is that child support had all my current information. Why do we have to pay a price for their mistake? What legal advice can I receive in this matter? I'm scarred for me and my kids.
    Lisaybarra66's Avatar
    Lisaybarra66 Posts: 2, Reputation: 1
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    #2

    Mar 9, 2010, 09:38 PM
    Bank account lien for child support arrears
    When a lien is put on your bank account for child support arrears, is this something the state does on its own or did the other parent request this action?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Mar 10, 2010, 09:11 AM

    How is it not your fault? Were you current on support? If not (and I'm guessing you weren't because the word arrears is in the title) then that is why the court granted the lien. As soon as the arrears are paid off the lien will be released. Yes, you can get a court date it may or may not waste your time. What state are you in? Do you owe any current support or just arrears?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Mar 10, 2010, 02:33 PM
    Quote Originally Posted by Lisaybarra66 View Post
    A bank lein was placed on my bank account for child support arrears. Last year, I met with the father and the mediator and we agreed for 75 dollars a month payments. I told the mediator that as of Dec 5, 2009 that a new company was taking over my present company and gave the mediator the information. When the new company took over, I started a direct deposit, which was my first time. On March 5, 2010 my account was cleaned out. I spoke to the lady that worked for the state and had my case and she seen in the file that I gave my new job info. but said it was still my fault. She told me I could file a court date but was trying to discourage me on doing so, saying that it would be a waist of my time. I am still filing. She also told me my bank should of sent me a letter of this upcoming action and when I went to the bank, I was told that the day they recieved the notice, they gave the state the money and sent a courtesy notice but was not obligated to even do that. The bad part is that child support had all my current information. Why do we have to pay a price for their mistake? What legal advice can I receive in this matter? I'm scarred for me and my kids.
    I seem to be missing something here. You failed to provide money for the raising of your children, yet claim that either child support and/or your bank are the ones who erred?

    How far in arrears are you? Where are you located? When you agreed upon the $75/month payments, was the lien already on the account? Did you default on the arrears payment agreement?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Mar 10, 2010, 02:35 PM
    Quote Originally Posted by Lisaybarra66 View Post
    When a lein is put on your bank account for child support arrears, is this something the state does on its own or did the other parent request this action?
    I assume that this is related to your other question. Typically, child support will come after you - more so if the other parent is receiving any type of financial assistance through the state or county.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Mar 10, 2010, 03:50 PM
    Quote Originally Posted by stinawords View Post
    How is it not your fault? Were you current on support? If not (and I'm guessing you weren't because the word arrears is in the title) then that is why the court granted the lien. As soon as the arrears are paid off the lien will be released. Yes, you can get a court date it may or may not waste your time. What state are you in? Do you owe any current support or just arrears?
    If the OP had made arrangements to pay off the arrears then they shouldn't have gone and taken the money from the account. They have plenty of other options at their disposal. It would be like being behind on a car payment. And you make arrangements to make it up and they take the car. The state in asking OP not to pursue it may be trying to cover up. Child support agencies have been given way too much power. And they abuse it on a reguler basis.

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