Bank levy even though no past due payments since the agreement signed to pay back chi

[Ash11218]

NY
Hi I have a situation my bank account was frozen yesterday due to hold on account after talking to bank they say they received an order from child support agency to freeze the account
I owe 26000 in back child support arrears but signed a payment agreement with agency two years ago since then I haven't missed a single payment and have no past due payment .
Can they still freeze my account based on the actual balance without notifying me my licences is active and like I said I haven't missed a single payment ince the agreement .
It is a long weekend and they aren't open till Tuesday but I had 3000 in my bank account they froze this money is for my month rent and food how can I get the money refunded.
Please advise kindly

 

[stealth2]

Yes, they can.

 

[Ash11218]

Hi stealth
Then what is the purpose of signing payment agreement and paying a lot of interest towards balance . The whole purpose of the payment agreement is not to suspend license and take other enforcement actions if requirements (payments ) are being met . No past due amount is on my statement . Saying this I have read on another blog that the child support agencies randomly ( automated system) send levy notice to banks based on the balance and don't consider agreement and if that happens a persons needs to show up at agency to get the funds released . Is this true ?

 

[OHRoadwarrior]

You keep your DL.

 

[Ash11218]

You keep your DL.

I didn't get that DL?

 

[Silverplum]

I didn't get that DL?

DL=Drivers license.

They can, because they did. We've read this story a hundred times. You're 26K in the hole! Why are you surprised??

 

[stealth2]

I'd be willing to bet that, if you were to read the fine print on the agreement you signed, you would find that it does not exclude seizing accounts or placing liens on your property. Do you owe the 26k to your ex or the state?

 

[Ash11218]

To my ex and the money is down to 15 k now I paid 11k over the period of two years along with currents child support since I have signed the payment agreement . And this bank levy is causing me hardship since the child support payments was garnished as usual from my pay check the remaining is my rent and monthly expense money .

 

[LdiJ]

Hi stealth
Then what is the purpose of signing payment agreement and paying a lot of interest towards balance . The whole purpose of the payment agreement is not to suspend license and take other enforcement actions if requirements (payments ) are being met . No past due amount is on my statement . Saying this I have read on another blog that the child support agencies randomly ( automated system) send levy notice to banks based on the balance and don't consider agreement and if that happens a persons needs to show up at agency to get the funds released . Is this true ?

By all means go in person and talk to them on Tuesday. It is possible that you may be able to get the freeze removed. Just do not count on it or get your hopes up too high. Unfortunately for you, when someone has arrearages that are that high, it does truly complicate life. You might want to consider trying to find some other means of financing so that you can pay off the arrearages and no longer have that complication.

 

[stealth2]

To my ex and the money is down to 15 k now I paid 11k over the period of two years along with currents child support since I have signed the payment agreement . And this bank levy is causing me hardship since the child support payments was garnished as usual from my pay check the remaining is my rent and monthly expense money .

And I guess not paying Child Support caused no hardship to your ex or your child. Karma's, well... you know what karma is...

 

[QuiGonJinn]

I would suggest starting with the support agency if you are paying an agreement as agreed to this point. An agreement on arrears does not stop them from doing a levy but it is not as common of a practice if you have an agreement. You can claim a hardship on the Levy funds, and ask for money to get set aside for things like rent, living expenses, and arrears support payment. If the support agency still goes after funds it appears most people in your situation try to hide their bank accounts to some degree, usually just by switching banks. I've seen where others have gone to a out of state bank, internet bank, or a bank in Delaware (which has the strictest Levy rules). You can also open banks with a TIN instead of a SSN. Creating a Trust, applying for a TIN from the IRS, would allow you open a bank account that would be difficult to Levy. We have people here at work switch draft accounts when we get a bonus just so their (current) spouse won't see the money, and then switch back to their joint account the next day.