child support bank levy

[round 1]

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


Hi I've been recently put on disability and I went to take money out of my account for rent n bills and cs put a hold on my account for back support.. I've been paying support and back support for quite a while now n they still take out money from my disability but can they still take all my money out of my account as well?

 

[CSO286]

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


Hi I've been recently put on disability and I went to take money out of my account for rent n bills and cs put a hold on my account for back support.. I've been paying support and back support for quite a while now n they still take out money from my disability but can they still take all my money out of my account as well?

Short answer, Yes.

Are your recieveing SSI? If you are only receivng SSI, those funds (once sourced) are exempt.
Other info on Exempt Funds:

• Exempt Funds:

Funds are exempt if they are traceable to need-based public assistance benefits such as TANF, SSI, or to a minor child’s earnings or child support.


• Mistake of Fact:

- The noncustodial parent does not owe the money

- The noncustodial parent is not the person on the account

- The noncustodial parent does not have an ownership interest in the account


If you owe past due support, then CSED can (And often will) use any available enforcment remedy to collect it. Even if you are making regular payments, they can levy an account (unless you have signed a payment agreement specifically to avoid one or more of the enforcment techniques).


Unless the money came from an exempt source (and you can prove it), then the levy is most likelky legal, and you are out of luck thid time. What I would recommend you do, is to contact your Child Support Officer and see if you can enter into a payment agreement to prevent any future levies.

 

[round 1]

Short answer, Yes.

Are your recieveing SSI? If you are only receivng SSI, those funds (once sourced) are exempt.
Other info on Exempt Funds:

• Exempt Funds:

Funds are exempt if they are traceable to need-based public assistance benefits such as TANF, SSI, or to a minor child’s earnings or child support.


• Mistake of Fact:

- The noncustodial parent does not owe the money

- The noncustodial parent is not the person on the account

- The noncustodial parent does not have an ownership interest in the account


If you owe past due support, then CSED can (And often will) use any available enforcment remedy to collect it. Even if you are making regular payments, they can levy an account (unless you have signed a payment agreement specifically to avoid one or more of the enforcment techniques).


Unless the money came from an exempt source (and you can prove it), then the levy is most likelky legal, and you are out of luck thid time. What I would recommend you do, is to contact your Child Support Officer and see if you can enter into a payment agreement to prevent any future levies.

I don't know if state disability is the same as ssi, because I've been deemed temporary totally disabled.. Is state disability an exempt fund?

 

[CSO286]

I don't know if state disability is the same as ssi, because I've been deemed temporary totally disabled.. Is state disability an exempt fund?

http://www.courtinfo.ca.gov/forms/documents/ej155.pdf

Based on this......

I would say yes, but you bear the burden for proving the source of the funds in your bank account, not CSED. Your biggest issue will be if you have funds in that account from multiple sources.

But wait around for a reply from CourtClerk (from CA). They will confirm or correct my response.

 

[round 1]

http://www.courtinfo.ca.gov/forms/documents/ej155.pdf

Based on this......

I would say yes, but you bear the burden for proving the source of the funds in your bank account, not CSED. Your biggest issue will be if you have funds in that account from multiple sources.

But wait around for a reply from CourtClerk (from CA). They will confirm or correct my response.

What do u mean wait around.. Like wait for a response from someone on here?? Also do they have to notify me of a bank levy before they do it?

 

[Proserpina]

What do u mean wait around.. Like wait for a response from someone on here?? Also do they have to notify me of a bank levy before they do it?

Yes. Court Clerk is from CA and may stop by later to review the thread.

Second question - you have already been informed, in at least one way, that they may levy your bank account. They are not required to inform you directly beforehand (think about it - that would defeat the object, non? Because then everyone would just empty their accounts...).

 

[CSO286]

What do u mean wait around.. Like wait for a response from someone on here?? Also do they have to notify me of a bank levy before they do it?

Yes, CourtCLerk is another poster on here...a court clerk from CA.


And they have most likely already notified you of the fact "If you fail to make timelky child support payments the Agency will use all available enforcment remedies to colllect the support, including tax intercepts, Driver's, recreational and occcupational license suspension, student grant hold, passport denial, and bank levy"

Or some other similar wording in your court order.

Also do they have to notify me of a bank levy before they do it?

Uhh...no. That would give you time to pull the $$ from the bank, which would defeat the purpose.


Additional Levy Info for CA:

http://www.courtinfo.ca.gov/selfhelp/family/enforcement/collecting.htm#filenonwage

 

[round 1]

Yes, CourtCLerk is another poster on here...a court clerk from CA.


And they have most likely already notified you of the fact "If you fail to make timelky child support payments the Agency will use all available enforcment remedies to colllect the support, including tax intercepts, Driver's, recreational and occcupational license suspension, student grant hold, passport denial, and bank levy"

Or some other similar wording in your court order.




Uhh...no. That would give you time to pull the $$ from the bank, which would defeat the purpose.


Additional Levy Info for CA:

California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support

Well hopefully he does stop by n read this

 

[CSO286]

Be patient...remember the people who are giving advice volunteer....Meaning they squeeze it in when possible around the rest of their lives...

 

[round 1]

Be patient...remember the people who are giving advice volunteer....Meaning they squeeze it in when possible around the rest of their lives...

I understand completely

 

[CourtClerk]

Well shoot... I've been busy doing nothing at all.

SSI and SSDI is nothing even remotely close to State Disability and yes, it's subject to garnishment.

 

[round 1]

Well shoot... I've been busy doing nothing at all.

SSI and SSDI is nothing even remotely close to State Disability and yes, it's subject to garnishment.

Well guys my case worker got back to me.. My bank levy was lifted because of disability.. They said they will do it every 6 months if I don't call within the 5th month to have it exempt.. So thanks for all the info

 

[CSO286]

Well guys my case worker got back to me.. My bank levy was lifted because of disability.. They said they will do it every 6 months if I don't call within the 5th month to have it exempt.. So thanks for all the info

Of course, you could ask about signing a payment agreement with them to pay extra to prevent that from occurring...
Sometimes an extra$20/$50 is enough for them to hold off on certain enforcement remedies.

 

[Isis1]

Of course, you could ask about signing a payment agreement with them to pay extra to prevent that from occurring...
Sometimes an extra$20/$50 is enough for them to hold off on certain enforcement remedies.

From my understanding, as long as there are arrears they can levy. I've been paying per the court order, and I've been levied twice. And they can do it up to four times a year. Least that was what was explained to me during my last conversation with the levy department.

 

[CourtClerk]

Well guys my case worker got back to me.. My bank levy was lifted because of disability.. They said they will do it every 6 months if I don't call within the 5th month to have it exempt.. So thanks for all the info

They called you back today, they are going to lift the levy, and you said nothing about providing them proof of your disability... or filing for modification... or what they are going to do with the money they have...

Ummm.... are you sure you heard what you heard? They don't generally (1) roll over that easily and (2) do anything over the phone.