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levy on bank account

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nibblernd

Junior Member
What is the name of your state (only U.S. law)? ND.
I have a question someone hopefully can help me with. I have court ordered child support I have been paying. My ex husband divorced me and gained custody of our daughter who was with him at the time by telling the court that I he had no idea where I was, he also got it set up so I had no visitation. I did not see my daughter for 8 years however when she was old enough she made contact with me and has been living with me for over a year now. He knows she's with me but continues to accept the support payments. He also got 600 from economic stimulus package, and allmost 800 from our state income tax refund. I am remarried, and my husband and I found out this morning by calling the bank that we are now broke. There is a levy on all of our accounts for child support. We have nothing for our car payments house payment food etc. I own a small cafe and hold my head above water and thats about it. I missed two payments this summer, when business always gets bad but have since made them up. A different state has the child support order on me, and it's a ways away. What can I do. This kid is living with me and has been for a long time and I am still having to pay payments. And now no money to pay anything.
 


CourtClerk

Senior Member
When the child came to live with you a year ago, why didn't you go back to court to modify the court order?

Have you been paying child support to your ex for the entire year the child has been living with you? If so, why?

At this point, you owe the money and it's his so long as there is a court order ordering you to pay him. If there are arrearages, then they have every right to attach your assets to collect what is owed.
 

nibblernd

Junior Member
just a mess

He threw her out on the street cause she got in some trouble. She was sleeping in a friends car for awhile, stayed with my mother for awhile, then came here. He had her called in as a runaway for awhile, so I didn't want to get her in any trouble. Thats why I continued paying the child support. She turns 18 in two months so I just wanted to let it ride until then. Then my cafe got slow.....they were doing construction on our street and didn't have the money to pay July. The money they took isn't my money its my husbands money. They took $4ooo from him. Yes its money I owe, but he isn't very happy. If I can prove she was with me and not with him is there any way the court will credit me for those payments I made to him?
 

BL

Senior Member
How old was she when she made contact with you , then started living with you ?

How did that come about ?

As you said , you fell 2 months behind .

The orders stand until modified.

I'd suggest a way to find the money for an attorney , or a way to the State where the order was made , and file a Modification .
 

CourtClerk

Senior Member
I'd suggest a way to find the money for an attorney , or a way to the State where the order was made , and file a Modification .
I would agree, however, the child will be 18 in 2 months. It'll be at least that long before she gets into court.
 

nibblernd

Junior Member
she was 14 when she made contact and just turned 17 when she started living with me. Like i said I was just going along and paying him, but when I missed he came after me and got the levy. He has tried to increase it many times but they always denied it. Last time was 3 months ago and he knew she was here with me. I couldn't let my daughter live on the street. Didn't know what else to do. Can they take my husbands money though?
 

CourtClerk

Senior Member
Can they take my husbands money though?
At the point where you received notification from the IRS that the money would be intercepted, your husband should have filed the appropriate paperwork (which is it? Innocent spouse or injured spouse) to have his portion of the return sent to him.

Ld, Ginny or Tranquility would know whether that is an option now.
 

BL

Senior Member
she was 14 when she made contact and just turned 17 when she started living with me. Like i said I was just going along and paying him, but when I missed he came after me and got the levy. He has tried to increase it many times but they always denied it. Last time was 3 months ago and he knew she was here with me. I couldn't let my daughter live on the street. Didn't know what else to do. Can they take my husbands money though?
She turns 18 in two months
really , did you attend the court proceedings 3 months ago ?

If I were your husband , I'd be a little ticked myself .

You could have fought for modification then .
 

nibblernd

Junior Member
Our state of ND does not do an injured spouse. We did that with federal but state said they don't do that here. And we were never notified about the levy from anyone. Went the the bank this morning and our accounts were frozen.
 

nibblernd

Junior Member
I didn't have to go to court. I just had to do paperwork, and send a copy of our taxes and they reviewed it and wrote back that it wouldn't be increased.
 

CourtClerk

Senior Member
Our state of ND does not do an injured spouse.
I was only talking about the IRS
We did that with federal but state said they don't do that here. And we were never notified about the levy from anyone. Went the the bank this morning and our accounts were frozen.
I'm sure a letter will be coming shortly, but surely, even without the letter, you knew that your child support obligations were behind and that enforcement would ensue. Didn't you?
 

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