Can My Account Be Frozen?

[ddionne]

I am a resident of Alabama. My fiance's ex-wife recently placed him on child support after 3 1/2 years of divorce, and elected to go for back child support as well. I have read of couples' joint bank accounts being frozen because of this, so I do not plan on us getting joint accounts. However, what I wanted to do was have him arrange with his bank to automatically have about 75% of his check automatically deposited into my account every pay period. (This is so I would not have to constantly remind him what bills were due and when). If in the future his account is frozen because of the back child support, is it possible that mine will be frozen also?

 

[CSO286]

I am a resident of Alabama. My fiance's ex-wife recently placed him on child support after 3 1/2 years of divorce, and elected to go for back child support as well. I have read of couples' joint bank accounts being frozen because of this, so I do not plan on us getting joint accounts. However, what I wanted to do was have him arrange with his bank to automatically have about 75% of his check automatically deposited into my account every pay period. (This is so I would not have to constantly remind him what bills were due and when). If in the future his account is frozen because of the back child support, is it possible that mine will be frozen also?

As long as his name is not on the account, your accounts will be safe from levy action.

Any accounts with his name on them are subject to levy for past due child support.

 

[Isis1]

FYI, wage garnishments can be tacked on as a part of the order. so, child support would get their money before he even gets a check cut from his employer. so plan on getting the 75% of his leftovers.

 

[CSO286]

RE: Isis' post

When arrears exist on a child support case, CSED can and will collect up to 120% of the support ordered. The exception to this is when the CCPA (consumer credit protection act) caps the amount than can be witheld:

Withholding Limits:
You may not withhold more than the lesser of:
1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or
2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes.

The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and the 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.

Arrears greater than 12 weeks:
If the order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage.

Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding amounts.

 

[mistoffolees]

I am a resident of Alabama. My fiance's ex-wife recently placed him on child support after 3 1/2 years of divorce, and elected to go for back child support as well. I have read of couples' joint bank accounts being frozen because of this, so I do not plan on us getting joint accounts. However, what I wanted to do was have him arrange with his bank to automatically have about 75% of his check automatically deposited into my account every pay period. (This is so I would not have to constantly remind him what bills were due and when). If in the future his account is frozen because of the back child support, is it possible that mine will be frozen also?

So your intent is to defraud his ex and make his children suffer due to lack of support?

Fortunately, it won't work. CSE will take their money first.

And, of course, he'd be an idiot to agree to that. If you're willing to cheat the child, you'll probably cheat him, too.

 

[Silverplum]

So your intent is to defraud his ex and make his children suffer due to lack of support?

Fortunately, it won't work. CSE will take their money first.

And, of course, he'd be an idiot to agree to that. If you're willing to cheat the child, you'll probably cheat him, too.

I'm continually amazed.

 

[muchneededhelp]

I'm more amazed that the original divorce agreement didn't stipulate child support with the custody agreement... First things first, wait for the amount to be determined. It will be pulled from his paychecks, and the remaining amount given to him. You can sort out your finances then.

 

[TheGeekess]

Link to Alabama Administrative Court site on Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

DHR website on Child Support:
http://www.dhr.state.al.us/page.asp?pageid=288

Schedule of Basic Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

 

[CJane]

So your intent is to defraud his ex and make his children suffer due to lack of support?

Fortunately, it won't work. CSE will take their money first.

And, of course, he'd be an idiot to agree to that. If you're willing to cheat the child, you'll probably cheat him, too.

I didn't read all of that into her post. I didn't think she was trying to help him hide income necessarily, but rather that she wanted him to put money into a "household account" that would be solely in her name, and therefore protected.

HOWEVER, I would certainly be having second thoughts about marrying someone who I thought would eventually be far enough behind in child support that accounts would be levied.

 

[mistoffolees]

I didn't read all of that into her post. I didn't think she was trying to help him hide income necessarily, but rather that she wanted him to put money into a "household account" that would be solely in her name, and therefore protected.

HOWEVER, I would certainly be having second thoughts about marrying someone who I thought would eventually be far enough behind in child support that accounts would be levied.

*shrugs*

Could be. I guess I'm just cynical about step parents who come here trying to find ways to beat the system.

 

[CSO286]

I didn't read all of that into her post. I didn't think she was trying to help him hide income necessarily, but rather that she wanted him to put money into a "household account" that would be solely in her name, and therefore protected.

HOWEVER, I would certainly be having second thoughts about marrying someone who I thought would eventually be far enough behind in child support that accounts would be levied.

I just wanted to add something to this. Honestly, as soon as there are arrears >1 month's obligation, any available accounts can be levied in an attempt to collect the past due support.

Most counties have in-house procedures that do try and limit the application of some of the more aggressive enforcment remedies.

For example, we actually require that cases be in arrears greater that six months' obligation and have failed to make payments for at least six months (excluding refund intercepts) in order for case to eligible for levy action.

 

[mistoffolees]

I just wanted to add something to this. Honestly, as soon as there are arrears >1 month's obligation, any available accounts can be levied in an attempt to collect the past due support.

Most counties have in-house procedures that do try and limit the application of some of the more aggressive enforcment remedies.

For example, we actually require that cases be in arrears greater that six months' obligation and have failed to make payments for at least six months (excluding refund intercepts) in order for case to eligible for levy action.

In addition, to answer OP's original question, even if the account is in her name, if Dad's paychecks are deposited into that account, it might make the account accessible for levy - at least to the extent of the amount of money Dad puts in there.

Courts don't like fraud.

 

[TheGeekess]

In addition, to answer OP's original question, even if the account is in her name, if Dad's paychecks are deposited into that account, it might make the account accessible for levy - at least to the extent of the amount of money Dad puts in there.

Courts don't like fraud.

And since I've posted AL Law on this, then OP can read that and y'all can stop conjecture.

 

[ddionne]

@ mistoffolees: Did you read my post? No one is trying to defraud anybody. Before child support came into play, we were planning for a percentage of his check to be deposited into my account so that I could pay bills accordingly. This was to avoid reminding him every two weeks that a bill was due. He was RECENTLY put on child support by his ex-wife after she found out about our engagement. She elected to go back several years, therefore putting him in the arrears. Although I will be a step parent, no one is trying to cheat his children.

 

[Isis1]

@ mistoffolees: Did you read my post? No one is trying to defraud anybody. Before child support came into play, we were planning for a percentage of his check to be deposited into my account so that I could pay bills accordingly. This was to avoid reminding him every two weeks that a bill was due. He was RECENTLY put on child support by his ex-wife after she found out about our engagement. She elected to go back several years, therefore putting him in the arrears. Although I will be a step parent, no one is trying to cheat his children.

all that aside....i have to laugh a bit a a GROWN man has to be reminded to pay bills.

i know a man like that, but he was a special needs child all his life.