Bank Withdrawals for Backed Child Support

[Picardilly]

What is the name of your state (only U.S. law)? Florida


A family member owes $47k in backed child support ordered in Florida and currently resides in another state. Yes it was because he made some terrible decisions but he has been paying on time every weeks for several years now. He also pays interest on the back support.

This morning Florida took the entire amount of the back child support from a bank account containing only $15. The account is currently at -$47,000. All addresses are up to date and currently payments are made every week.

The bank claims this is the second time this week they have witnessed this situation take place. The Family member has not received any documentation from the courts prior to this withdrawal being made. It was noticed when a routine balance check was performed.

Is this legal? It is my understanding the court must provide written documentation and my family member would have a set amount of time to contest this action. Also, since payments have been made on time for several years, what is the reason for a sudden and unexplained withdrawal of money which was not in the account to begin with.


I know the debts owed are legitimate but it seems harsh to punish someone who is actively working to rectify the situation.

 

[Antigone*]

What is the name of your state (only U.S. law)? Florida


A family member owes $47k in backed child support ordered in Florida and currently resides in another state. Yes it was because he made some terrible decisions but he has been paying on time every weeks for several years now. He also pays interest on the back support.

This morning Florida took the entire amount of the back child support from a bank account containing only $15. The account is currently at -$47,000. All addresses are up to date and currently payments are made every week.

The bank claims this is the second time this week they have witnessed this situation take place. The Family member has not received any documentation from the courts prior to this withdrawal being made. It was noticed when a routine balance check was performed.

Is this legal? It is my understanding the court must provide written documentation and my family member would have a set amount of time to contest this action. Also, since payments have been made on time for several years, what is the reason for a sudden and unexplained withdrawal of money which was not in the account to begin with.


I know the debts owed are legitimate but it seems harsh to punish someone who is actively working to rectify the situation.

Tell your family member to call the CS agency in charge. If he owes arrears then his assets are at risk, and Florida isn't playing.

With regards to the bolded, seems harsh that his kids and their caregiver had to suffer while he decided to be a dead beat.

 

[Zigner]

Thank you for sharing the details of your family member's situation. I would suggest that you advise them to contact the child support agency and also an attorney. Good day.

 

[CSO286]

What is the name of your state (only U.S. law)? Florida


A family member owes $47k in backed child support ordered in Florida and currently resides in another state. Yes it was because he made some terrible decisions but he has been paying on time every weeks for several years now. He also pays interest on the back support.

This morning Florida took the entire amount of the back child support from a bank account containing only $15. The account is currently at -$47,000. All addresses are up to date and currently payments are made every week.

The bank claims this is the second time this week they have witnessed this situation take place. The Family member has not received any documentation from the courts prior to this withdrawal being made. It was noticed when a routine balance check was performed.

Is this legal? It is my understanding the court must provide written documentation and my family member would have a set amount of time to contest this action. Also, since payments have been made on time for several years, what is the reason for a sudden and unexplained withdrawal of money which was not in the account to begin with.


I know the debts owed are legitimate but it seems harsh to punish someone who is actively working to rectify the situation.

A. That's not the way bank levies for child support work.

B. The obligor was notified that a bank levy is an available enforcement remedy--in their court order. There is no reason to tell an obligor that "Next week we're levying your account." That would defeat the purpose, as the obligor would simply remove all available funds.

C. Please have your family member create an account and we'll be happy to explain the ins and outs of bank levies to them. Third parties rarely have all the information needed. We are open 24/7 and don't take points off for poor typing.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Florida


A family member owes $47k in backed child support ordered in Florida and currently resides in another state. Yes it was because he made some terrible decisions but he has been paying on time every weeks for several years now. He also pays interest on the back support.

This morning Florida took the entire amount of the back child support from a bank account containing only $15. The account is currently at -$47,000. All addresses are up to date and currently payments are made every week.

The bank claims this is the second time this week they have witnessed this situation take place. The Family member has not received any documentation from the courts prior to this withdrawal being made. It was noticed when a routine balance check was performed.

Is this legal? It is my understanding the court must provide written documentation and my family member would have a set amount of time to contest this action. Also, since payments have been made on time for several years, what is the reason for a sudden and unexplained withdrawal of money which was not in the account to begin with.


I know the debts owed are legitimate but it seems harsh to punish someone who is actively working to rectify the situation.

And you are not involved. You don't know all the facts. You are just a concerned family member.
You need to have cousin post
(and yep, is legal if there is a judgment against him. And since all you have is cousin's word that he didn't receive anything--you really have no clue as to the facts!)
Oh, and he's fortunate that the state did not pursue felony charges against him for that amount of arrears!

 

[Picardilly]

And you are not involved. You don't know all the facts. You are just a concerned family member.
You need to have cousin post
(and yep, is legal if there is a judgment against him. And since all you have is cousin's word that he didn't receive anything--you really have no clue as to the facts!)
Oh, and he's fortunate that the state did not pursue felony charges against him for that amount of arrears!

He is fortunate. Thank you for being so "helpful". I will end this post seeing as I am very ignorant and will tell my family member to come here directly.

I am really disappointed how rude many people have come across. It was a very long, complicated situation. He made the mistake of paying the mother directly without reporting it instead of going through the appropriate channels. Naturally the mother took advantage of that. It may be hard for people to comprehend, but sometimes the parent receiving the money can be just as much of a dead beat.

I can see that I made a mistake turning here for what I thought was advice from people who have encountered similar situations (or that is what the forum advertised). I tried to keep the post vague to protect the parties involved.

 

[Silverplum]

He is fortunate. Thank you for being so "helpful". I will end this post seeing as I am very ignorant and will tell my family member to come here directly.

It's our normal MO. Nobody should be surprised or offended.

If you consider it logically, why would we want to talk about the legal issue with anyone other than the person in trouble?