Lien on joint account

[stealth2]

Yeah yeah yeah... A lot of people owe back child support and it doesn't mean you're a deadbeat. $3000 is actually not that much to owe in the scheme of things. He's didn't mean for this to happen and he is already going to pay me back with the money he gets from his school grants next month. That money is supposed to be for his school though and I am still wondering if there is a way to get the money back. I am looking for an answer from someone who actually knows what JTWROS means.... Thank you.

Yeah... no. People who don't support their kids are.... deadbeats. Period. That you justify it makes you no better than he is. Just don't have kids.

 

[Ohiogal]

Yeah yeah yeah... A lot of people owe back child support and it doesn't mean you're a deadbeat. $3000 is actually not that much to owe in the scheme of things. He's didn't mean for this to happen and he is already going to pay me back with the money he gets from his school grants next month. That money is supposed to be for his school though and I am still wondering if there is a way to get the money back. I am looking for an answer from someone who actually knows what JTWROS means.... Thank you.

You cannot get the money back from child support. Yes, it does mean he is a deadbeat when it comes to supporting his child(ren). He didn't mean to pay up his child support? Got it. He meant to remain behind. The fact that he is going to use his school grants to pay you is equally pathetic. He needs to get a job quite frankly and support his child/ren.

 

[ecmst12]

Close the account and open a new one in your name only. Do not put any of his money into it, since that would put you in a much bigger mess. Have him keep his money in his name and yours in your name, forever, even if you get married...or at least until his kids are adults and he owes nothing to anyone.

 

[justalayman]

Sorry, i don't know why this didn't post...
Iowa. My boyfriend and I decided to have a joint account so he added me to his. I received a $4,000 check for an amended tax return and deposited it into the account. Well, yesterday child support recovery took out $3000 (pretty much all of our money) for back support that he owes. I've researched a little and I know that Iowa doesn't have TBE accounts and that ours is a JTWROS account. Is there a way to get the money back?

You really should not have a joint anything with a "boyfriend". You have found one reason why. Another (and I know, your relationship will never end, just like he promised the last gf/wife) when you do split up, who gets the money in the account? More often than not, it's the one that decided to leave and cleaned out the account before the other person suspected they were leaving.

same thing with property (real property (real estate) or personal property (cars, furniture, etc); do not jointly own anything with the legal stranger you are living with. It gets real ugly if/when there is a break up.

absolutely do NOT sign onto a loan (either as a co-borrower or guarantor) with a person in this type of relationship.

 

[CSO286]

Yeah yeah yeah... A lot of people owe back child support and it doesn't mean you're a deadbeat. $3000 is actually not that much to owe in the scheme of things. He's didn't mean for this to happen and he is already going to pay me back with the money he gets from his school grants next month. That money is supposed to be for his school though and I am still wondering if there is a way to get the money back. I am looking for an answer from someone who actually knows what JTWROS means.... Thank you.

Actually, not paying your child support is exactly what makes a person a deadbeat.

And now a little lesson Child Support Levies:

Boyfriend owes past due support.
You decided to deposit money into an account with his name on it. Any account that has his name on it means that he has access to the funds in said account.

https://secureapp.dhs.state.ia.us/childsupport/generalinfo.asp#PayingfromBankAcct

And I hate to disagree with everyone. OP does have SOME recourse, though it's highly unlikely she would be successful.

Levying from Bank Accounts
When child support is collected by taking money from bank or financial accounts, it is called administrative levy. This method is used to collect past due support.

Iowa law allows the Child Support Recovery Unit to take up to 50% of the balance in many types of accounts. This may include joint accounts, even if the deposits were made by a person who does not owe child support.Notice of the possibility of administrative levy is given either in the child support order or by mail to persons who are ordered to pay child support. This informational notice is called the "Legal Notice of Administrative Levy". It tells you administrative levy may be used.

If the form called "Administrative Levy Notice to Obligor" is received by mail, the levy has happened. This means a part of the account balance has been frozen and is not available to you.

The notice will also tell you what to do if you disagree with this action.

A levy can be initiated if the noncustodial parent’s account is a joint account. However, the joint account holder may intervene in the action and contest in court that their portion of the account funds is not subject to the levy. You'd have to source the money as well as prove he did not have access to it. Given that his name is on the account, that would be very hard to do.

Any funds he has access to can be seized to pay his past due obligation.

What happened was perfectly legal.


Really, the only way you'd be able to legally contest the levy would be if one of the following applies to the funds:

• The noncustodial parent has filed for bankruptcy.
• The noncustodial parent’s minor child is the owner of the funds.
• The funds are all traceable to public assistance funds.
• Levy was executed on the wrong noncustodial parent or mistake of fact.

 

[sandyclaus]

...He is already going to pay me back with the money he gets from his school grants next month. That money is supposed to be for his school though...

All the advice you were given was very excellent advice - and you should take it without delay.

Sure, you can keep a joint account with this guy if you want - but remember that EVERYTHING that goes in there is just as available to him as it is to you. How do you feel about supporting this man and his child for the rest of your life? Are you OK with paying his obligation to his child for the foreseeable future? Because if it happened once, you can bet it's going to happen again. And again, and again, and again.

If he would steal money from YOU to pay for his child support, are you so sure he won't take the first opportunity to clean out the account when you two are on the outs? Keep depositing YOUR money into that joint account, and I can practically guarantee that it will happen.

I suggest that you let all this sink in for a bit. And check back when you actually SEE that money come back to you that he has promised to repay - because, sweetie, if he was willing to bail on supporting his own child, his own flesh and blood, what makes you think he will honor his obligation to repay YOU this money?

 

[sherrie1984]

When does the person have to have filed for bankruptcy?

 

[justalayman]

When does the person have to have filed for bankruptcy?

for what?

that is kind of an open question.

 

[sherrie1984]

Also, although we live in iowa, the case is from California.

I know you guys are all trying to give me good advice but I didn't come here for that, I have a mom, sisters, girlfriends, etc. for that. I came here for legal advice. Thank you to the person who finally answered the question I asked.

Although you guys are all assuming he is a deadbeat, that is simply not the case. No one said he didn't plan on paying it in the future because he did. When I said $3000 isn't that much in the scheme of things, I said that because it is really only a few months payments. California has very strict laws regarding child support. A person losing there job and getting behind there bills can happen to anyone, even the custodial parent. That is what welfare is for. A person can't really get on welfare to pay for their child support though, can they? So basically if you have custody of the child and run into hard times you can just apply for welfare to help you out but not so if you are just supposed to pay child support. Even though both things are supposed to be for kids.

And yes, about half the states in our country have laws that protect creditors (besides the IRS, and only the IRS) from seizing the funds owed by one person from a jointly held account. They aren't allowed to take something that one person owes from what is owned by two people. Unfortunately neither Iowa or California have those laws. I was just trying to see of anyone knows a way around this.

 

[sherrie1984]

CSO286, when does the person have to have filed for bankruptcy?

 

[ajkroy]

CSO286, when does the person have to have filed for bankruptcy?

I think sherrie was referring to this:

Really, the only way you'd be able to legally contest the levy would be if one of the following applies to the funds:

• The noncustodial parent has filed for bankruptcy.
• The noncustodial parent’s minor child is the owner of the funds.
• The funds are all traceable to public assistance funds.
• Levy was executed on the wrong noncustodial parent or mistake of fact.

 

[Silverplum]

Also, although we live in iowa, the case is from California.

I know you guys are all trying to give me good advice but I didn't come here for that, I have a mom, sisters, girlfriends, etc. for that. I came here for legal advice. Thank you to the person who finally answered the question I asked.

It's all free.

Although you guys are all assuming he is a deadbeat, that is simply not the case. No one said he didn't plan on paying it in the future because he did.

Unpaid = Deadbeat. You can keep trying to slather new words on it, but it's all the same stuff.

When I said $3000 isn't that much in the scheme of things, I said that because it is really only a few months payments.

Well, we all know that children are perfectly capable of not eating or needing clothing, not using water or utilities, and of not growing till the child support payor is good and ready to pay. That's just a fact, Jack.

California has very strict laws regarding child support. A person losing there job and getting behind there bills can happen to anyone, even the custodial parent. That is what welfare is for. A person can't really get on welfare to pay for their child support though, can they?

Nah, they can just use their "student loans," upon which I have no doubt they will default.

So basically if you have custody of the child and run into hard times you can just apply for welfare to help you out but not so if you are just supposed to pay child support. Even though both things are supposed to be for kids.

And yes, about half the states in our country have laws that protect creditors (besides the IRS, and only the IRS) from seizing the funds owed by one person from a jointly held account. They aren't allowed to take something that one person owes from what is owned by two people. Unfortunately neither Iowa or California have those laws. I was just trying to see of anyone knows a way around this.

We don't help people do the wrong thing.

 

[Silverplum]

I know you guys are all trying to give me good advice but I didn't come here for that, I have a mom, sisters, girlfriends, etc. for that.

I'd LOVE to know what your Mother, your sisters, and your gfs had to say about THIS!

Did you tell them? Did they all think it was no big deal that your bf is not supporting his children and so the State took your money to do so?

I'm willing to bet you didn't tell any of them about this $3,000 mistake.

 

[CSO286]

When does the person have to have filed for bankruptcy?

The person has to have an open BK case, not "well he filed for BK in 04 and it was all discharged spring of 05...."

And, no, he cannot file now and get those funds back.

 

[CSO286]

And yes, about half the states in our country have laws that protect creditors (besides the IRS, and only the IRS) from seizing the funds owed by one person from a jointly held account. They aren't allowed to take something that one person owes from what is owned by two people. Unfortunately neither Iowa or California have those laws.

Actually, when talking child support, the majority of the states allow for seizure of jointly held assets in order to prevent an NCP from evading his/her obligation by simply having the asset held jointly.