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nothing left · Jun 9, 2012, 04:41 PM

How do I go about getting her the 1325$ California child support took from her acount . She was nice enough to put me on the acount so I chould cash my checks, never had any money in the acount when theyn took it all, she just put her check in the day before and they took it.. what do I do to get the money they stole from her? It shows it was all her money from the check, not mine.

JudyKayTee · Jun 9, 2012, 04:44 PM

You owed the debt? If it was a joint account the entire balance belonged to both of you.

They didn't steal her money. Did she know you owed child suport when she added you to her account? If not, you stole her money.

Fr_Chuck · Jun 9, 2012, 04:44 PM

No they did not "steal" the money, the froze and garnished a bank account that was in your name, ( even if others are on it also, you are listed)

So they will have to file with the court, that the money in the account is theirs, and they will have to petition to have it returned, They will need to prove all the money was there. Any money from your checks will have to be shown not going in it. So all deposits will need to match checks she can produce to them.

Synnen · Jun 9, 2012, 05:00 PM

I'm wondering why you are cashing checks but not paying child support (that they had to garnish says you aren't paying what you should).

It's a joint account. Child support sees that money as jointly yours. YOU owe the money to your roommate, not child support.

nothing left · Jun 9, 2012, 05:04 PM

Originally Posted by JudyKayTee

You owed the debt? If it was a joint account the entire balance belonged to both of you.

They didn't steal her money. Did she know you owed child suport when she added you to her account? If not, you stole her money.

I have paid every two weeks since the time she returned with my son, for 8 years I no idea where he was or if he was safe. All I new was he was back she wanted 8 years of back child support . He is 18 now and all I owe is the back for the 8 years minus the money they take from income taxes.. so your saying wemon aren't to be held responsible for there actions only the men...

nothing left · Jun 9, 2012, 05:11 PM

Originally Posted by Synnen

I'm wondering why you are cashing checks but not paying child support (that they had to garnish says you aren't paying what you should).

It's a joint account. Child support sees that money as jointly yours. YOU owe the money to your roommate, not child support.

I haven't been late or not paid support since the court orderd the amout 345 a month to be taken for support and rearrages. 10 years I've paid for my son like a good father, and now that California is broke because they alow wemon to stay on welfare for decades with out repaing anything.. they want as much as they can get.. not my falt I'm just trying feed my girlfriend and pay the bills . Still paing back child support every month.. why take it all so another family goes under..

nothing left · Jun 9, 2012, 05:15 PM

Originally Posted by Synnen

I'm wondering why you are cashing checks but not paying child support (that they had to garnish says you aren't paying what you should).

It's a joint account. Child support sees that money as jointly yours. YOU owe the money to your roommate, not child support.

Have always paid what they ask me to plus more shoes, coats , etc just what a dad is supposed to do. Why take everything from me so I can't keep my house and car? How am I supposed to work, buy gas and keep paying?California is broke and doesent care what they do as long as they can keep taking it all.

ScottGem · Jun 9, 2012, 05:39 PM

There are gaps in your story. During the 8 years that she disappeared, what did you do to find your child? Was there an visitation order that she was in contempt of? Was there a support order issued before she disappeared? Did you pay on that order? When she surfaced, what happened with the back support? If you have a court order for paying the arrears, then go back to the court and ask why they seized the account since you were paying as agreed.

But they did not "steal" anything. You made a mistake by allowing your name to be put on the account.

nothing left · Jun 9, 2012, 05:59 PM

No gaps just didny want anything to do with her any longer she said she remarried and that I was no longer needed.. lol fine one drunk night and a lifetime of regret later. She returns with here is your son. Now pay me

nothing left · Jun 9, 2012, 06:03 PM

I'm looking for a answer to my first question what paper work do I need to sumit the cal child support div to get my mates money back . It was her money not mine . It shows that at the bank.. 3$ in the account then she puts her check in and boom they take it, none of the money was from my check...

ScottGem · Jun 9, 2012, 06:06 PM

Originally Posted by nothing left

fine one drunk night and a lifetime of regret later.

Exactly! That's why you need better self control.

Yes there are gaps. You filled in a couple of them but not all. If you expect us to help, we need the facts.

cdad · Jun 9, 2012, 09:10 PM

Originally Posted by Synnen

I'm wondering why you are cashing checks but not paying child support (that they had to garnish says you aren't paying what you should).

It's a joint account. Child support sees that money as jointly yours. YOU owe the money to your roommate, not child support.

Correction here: In California and many other States garnishment is automatic. It has nothing to do with your payment history. When the State is involved they do it right from the beginning.

cdad · Jun 9, 2012, 09:15 PM

Originally Posted by nothing left

i have paid every two weeks since the time she returned with my son, for 8 years i no idea where he was or if he was safe. all i new was he was back she wanted 8 years of back child support . he is 18 now and all i owe is the back for the 8 years minus the money they take from income taxes..so your saying wemon arent to be held responsible for there actions only the men ...

If you believe that is all you owe then your kidding yourself. You also owe for 8 years of child support plus 10% compounded interest. So in fact you owe for more then 14 years of child support with the interest added. And its still being added to it daily. The California system is insane.

JudyKayTee · Jun 10, 2012, 05:56 AM

Originally Posted by nothing left

im looking for a answer to my first question what paper work do i need to sumit the cal child support div to get my mates money back . it was her money not mine . it shows that at the bank .. 3$ in the account then she puts her check in and boom they take it, none of the money was from my check........

It's your girlfriend and you co-mingled money to pay expenses OR she's a roommate. Which is it?

ScottGem · Jun 10, 2012, 07:28 AM

Originally Posted by califdadof3

Correction here: In California and many other States garnishment is automatic. It has nothing to do with your payment history. When the State is involved they do it right from the begining.

So it would appear that CA policy is to try to get the arrears as quickly as possible. So when they find assets they seize them.

So the answer to your question is to try and prove that the only monies in the account were your roommate's/girlfriends's. And get your name off the account.