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Will my bank account be levied

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jsbenson

Junior Member
I live in Oregon but Los Angeles county handles my child support.

When child support was established in 2003 I was making fairly decent money. My ex was not working, so they based child support for our twins on her making minimum wage and was only responsible for 5%. The other 95% I was responsible for came to about $1200/month. I had made all my payments on time until this year when I fell on hard times and only receive unemployment as income. I attempted to get it adjusted but she still isn't working so no adjustment was made. So, as of this year I had paid her over $100,000 total. Earlier this year after I went through all my savings and money got really tight I could only afford to pay about $600/month.

I just received a tax-free gift of $13,000. I'd like to put this in my account but I'm afraid that the child support enforcement agency will levy my account. Can they levy my account for the past due amount even though I don't owe that much and I'm still paying child support on time each month (just not the entire amount)? I only want to keep paying part of the monthly child support because my ex is milking the system (she just had another baby and is supported by someone). I don't think she needs all my money each month. After all, I have to survive too.
 


mistoffolees

Senior Member
I live in Oregon but Los Angeles county handles my child support.

When child support was established in 2003 I was making fairly decent money. My ex was not working, so they based child support for our twins on her making minimum wage and was only responsible for 5%. The other 95% I was responsible for came to about $1200/month. I had made all my payments on time until this year when I fell on hard times and only receive unemployment as income. I attempted to get it adjusted but she still isn't working so no adjustment was made. So, as of this year I had paid her over $100,000 total. Earlier this year after I went through all my savings and money got really tight I could only afford to pay about $600/month.

I just received a tax-free gift of $13,000. I'd like to put this in my account but I'm afraid that the child support enforcement agency will levy my account. Can they levy my account for the past due amount even though I don't owe that much and I'm still paying child support on time each month (just not the entire amount)? I only want to keep paying part of the monthly child support because my ex is milking the system (she just had another baby and is supported by someone). I don't think she needs all my money each month. After all, I have to survive too.
Yes, they can attach your account. Why should your child suffer so that you can hold on to your money?

If you were involuntarily unemployed, your CS should have been reduced, so it's likely that something else was going on - either you were voluntarily underemployed/unemployed or you didn't file properly.

The fact that your ex has another kid and someone else is support the other child is completely irrelevant to your situation.
 

jsbenson

Junior Member
Yes, they can attach your account. Why should your child suffer so that you can hold on to your money?

If you were involuntarily unemployed, your CS should have been reduced, so it's likely that something else was going on - either you were voluntarily underemployed/unemployed or you didn't file properly.

The fact that your ex has another kid and someone else is support the other child is completely irrelevant to your situation.
You know, before you start making statements like "why should your child suffer" and "it's likely that something else is going on", you should consider the fact that everyone's situation is different.

So I'll start off with your first statement about my children suffering. My children are not suffering in the least. My ex and her boyfriend have a much larger income than mine, but because they aren't married, the courts only look at her income (which is nothing). She is very money-driven and won't get married just so she can continue to get a large amount of money from child support.

Your statement of "there must have been something else going on" leads me to believe you don't know much about how the courts handle child support cases. No, there wasn't something else going on. I was making money then I was laid off because of the economy and I started collecting unemployment. I didn't voluntarily quit my $100k plus a year job because I just didn't feel like working or paying child support anymore. The child support case in which I challenged the current amount I was paying lasted five minutes and the decision was made to keep the support order unchanged (meaning that I was still responsible for about $1200/month even though I was only collecting unemployment). Also, I had gone through all of my savings in an attempt to continue making the full payment each month. After all of my savings were depleted, I was only able to afford half of the child support payment each month.

So please, if you're going to respond to this thread, know how the real world works and have a little understanding of the unfairness often seen with child enforcement (if you think the system's perfect, you are ignorant and blind).
 

tuffbrk

Senior Member
Wow. Just wow. Don't expect a great deal of assistance with that attitude.

I'd suggest using some of that $13k to hire an attorney to represent you. It's possible that your unemployment was perceived to be a temporary situation.
 

LdiJ

Senior Member
You know, before you start making statements like "why should your child suffer" and "it's likely that something else is going on", you should consider the fact that everyone's situation is different.

So I'll start off with your first statement about my children suffering. My children are not suffering in the least. My ex and her boyfriend have a much larger income than mine, but because they aren't married, the courts only look at her income (which is nothing). She is very money-driven and won't get married just so she can continue to get a large amount of money from child support.

Your statement of "there must have been something else going on" leads me to believe you don't know much about how the courts handle child support cases. No, there wasn't something else going on. I was making money then I was laid off because of the economy and I started collecting unemployment. I didn't voluntarily quit my $100k plus a year job because I just didn't feel like working or paying child support anymore. The child support case in which I challenged the current amount I was paying lasted five minutes and the decision was made to keep the support order unchanged (meaning that I was still responsible for about $1200/month even though I was only collecting unemployment). Also, I had gone through all of my savings in an attempt to continue making the full payment each month. After all of my savings were depleted, I was only able to afford half of the child support payment each month.

So please, if you're going to respond to this thread, know how the real world works and have a little understanding of the unfairness often seen with child enforcement (if you think the system's perfect, you are ignorant and blind).
If either you or your ex believe that her getting married would have any impact at all on child support, you are mistaken. Her husband would not be obligated to support your children and therefore his income would not be taken into consideration in a child support calculation, even if they got married.

A remarriage can impact alimony, but NOT child support.
 

jsbenson

Junior Member
If either you or your ex believe that her getting married would have any impact at all on child support, you are mistaken. Her husband would not be obligated to support your children and therefore his income would not be taken into consideration in a child support calculation, even if they got married.

A remarriage can impact alimony, but NOT child support.
Yes, you're correct. I misspoke.
 

jsbenson

Junior Member
Wow. Just wow. Don't expect a great deal of assistance with that attitude.

I'd suggest using some of that $13k to hire an attorney to represent you. It's possible that your unemployment was perceived to be a temporary situation.
Well jeez, what do you expect. The first person who wrote back basically accused me of willing to let my kids suffer because I am not able to find employment.

I have always paid my child support on time (and without my wages being garnished). I went through all my savings in an attempt to continue that and now I'm at the point where I'm broke and half of my unemployment is going to my ex (who is living rather comfortably, I might add) and I get the finger pointed at me as someone who would let his kids suffer.
 

ajkroy

Member
Stuff it in your mattress. No one is telling you to bank it
Understand that even if you do this, the FULL amount of child support will still be due every month. The amount (half?) that you are not paying will accrue interest every month and the arrears will never go away, regardless of how old your children become or how long you are "broke", until they are paid. Arrears cannot be discharged in bankruptcy or retroactively reduced. They can garnish your Social Security checks if they have to.

Better to just pay what you owe now, while you have the money.
 

jsbenson

Junior Member
If you have had a blessing to your financial woes, why shouldn't your children also experience the windfall?
Because so much of my unemployment and savings went to pay the monthly support, I had to rely on credit cards for my month to month necessities. The money I just received as a tax free gift is going towards paying those down and to hold me over until my employment situation changes.
 

mistoffolees

Senior Member
Well jeez, what do you expect. The first person who wrote back basically accused me of willing to let my kids suffer because I am not able to find employment.

That's not what you were accused of. You were accused of putting yourself before your child's needs because you're trying to hide a windfall so that your child does not get the money that is supposed to be paid to support her.
 

Just Blue

Senior Member
Because so much of my unemployment and savings went to pay the monthly support, I had to rely on credit cards for my month to month necessities. The money I just received as a tax free gift is going towards paying those down and to hold me over until my employment situation changes.
Are you aware of the steps, criminally, that can happen when one is in contempt?
Fines. Loss of license. Jail.
 

Isis1

Senior Member
Because so much of my unemployment and savings went to pay the monthly support, I had to rely on credit cards for my month to month necessities. The money I just received as a tax free gift is going towards paying those down and to hold me over until my employment situation changes.
okay look. i'm really going to try not to pass judgement on you. becuase i will give it to you to at least pay SOMETHING instead of nothing like most of the non-paying parents do around here.

here's the deal. you are in arrears. so unless you either modify, you will continue to owe the original amount. and yes, they can levy your account. and yes, you will still owe the money. this has nothing to do with your ex. the state decided you pay $1200. not mom. the state. you don't get to blame mom for this one. this isn't mom's rules.

will they? maybe. maybe not. probably not. but they can.
 

LdiJ

Senior Member
I live in Oregon but Los Angeles county handles my child support.

When child support was established in 2003 I was making fairly decent money. My ex was not working, so they based child support for our twins on her making minimum wage and was only responsible for 5%. The other 95% I was responsible for came to about $1200/month. I had made all my payments on time until this year when I fell on hard times and only receive unemployment as income. I attempted to get it adjusted but she still isn't working so no adjustment was made. So, as of this year I had paid her over $100,000 total. Earlier this year after I went through all my savings and money got really tight I could only afford to pay about $600/month.

I just received a tax-free gift of $13,000. I'd like to put this in my account but I'm afraid that the child support enforcement agency will levy my account. Can they levy my account for the past due amount even though I don't owe that much and I'm still paying child support on time each month (just not the entire amount)? I only want to keep paying part of the monthly child support because my ex is milking the system (she just had another baby and is supported by someone). I don't think she needs all my money each month. After all, I have to survive too.
Yes, they can levy your account. Yes, they can levy your tax refunds, Yes, they can garnish future wages, Yes they can continue to collect from you for arrearages long after your child ages out of child support.

It doesn't matter what you think that she needs, it matters what the court has ordered you to pay.

Is it fair? I don't know. I am not privy to the details that made your judge decide to deny your request to modify support. However its reality and you have to live with that reality.
 

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