I am a volunteer providing financial literacy education to low-income individuals in the United States. The current individuals are men recovering from drug addiction in a half-way house. Their path to recovery includes eventually obtaining employment and beginning to rebuild their finances. One goal is opening a bank account.
One of the men used to have his wages garnished for child support payments and never opened a bank account in fear that the account balance would be seized to satisfy his overdue amounts. Knowing whether this could happen and any web resources available for further research would help very much.
2006-11-01 01:04:54 · 7 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
Yes, they can seize bank accounts and or put leins on assets.
http://www.acf.dhhs.gov/programs/cse/newhire/fop/msfidm.htm
Agencies can and WILL work with delinquent payers in order to get them paying and keep paying. Seizing bank accounts will only encourage them to quit their jobs and run again.
I would suggest having these men contact their child support offices IN ADVANCE. Advise them that they have been in treatment are looking (or have found) employment and would like to begin paying support (again). Give them the employer info so they can do a wage withholding. There are limits to what they can withhold (in my state withholding can not exceed 50% of take home). Also, they may ask to have their support reduced while they are trying to get back on their feet. Judges will be more sympathetic to payers who call ahead and show they are willing to do what it takes to make things right. Best of Luck!
2006-11-02 02:07:56 · answer #1 · answered by Cherie 6 · 0⤊ 0⤋
Well, if these men are earning money and depositing their money in an interest-bearing checking account - tell them to write a check - for some nominal amount - to the child support agency.
Nobody can collect blood from a stone - if these men have no financial resources, the court and the child support agency need to know this information. Please do not try to "game" the system - the system works slowly and no one will seize a bank account without a hearing - we live in the USA for crying out loud.
Focus on helping these men get back on their feet and not worry about what the state is going to do.
2006-11-04 14:41:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Actually yes the courts can freeze all assests that the man holds as lein for back child support. It really depends on the state that the court order is in and how much in arrears that he is in for his child support. One way to help is for the man to notifiy the agency that holds the court order of his child support and explain what his difficulty is. There maybe nothing he can do since it is up to the courts and Child Enforcement on if they will be lenient with him. He has to keep them constantly informed of his changing circumstances since any silence on his part will escalate the enforcement order. Not only can they freeze his accounts (and depending how much in arrears he is in) They can seize it for back child support. Also if he has any property for example a car or home the court can actually issue a lein against that property so if it is ever sold whatever money is made on it has to be paid towards the balance of the lein. I hope this information helps you and your client.
2006-11-04 23:13:30 · answer #3 · answered by mshellrosie 3 · 0⤊ 0⤋
Yes, in the US under certain circumstances. A judge must issue an order to seize a bank account, after a hearing. A least one notice regarding the hearing will have been sent to the last known address of the individual in arrears, OR published in a newspaper from the area where the hearing will be held.
My advice to men who father children and then try to avoid supporting their needs is not what they want to hear. Own up to your responsibility, make your payments and QUIT making more babies. QUIT WHINING ABOUT IT. If you can't make the full child support payment, make arrangements with the judge to pay what you can... THEN DO IT.
2006-11-01 01:36:22 · answer #4 · answered by paleblueshoe 4 · 0⤊ 3⤋
I think if you have more than adequate funds they can but i am not sure i know they can take tax returns and you can be put in jail my husband owed back child support from befor we got married and even though we were paying the current amout due and an additional payment for the back support i did not see a tax return for seven years
2006-11-01 01:16:04 · answer #5 · answered by crystal s 2 · 0⤊ 0⤋
This guy was an idiot. If he had researched the legal implications of his decision "to help out", he would have found out that he could have protected himself against any and all future child support claims by going through a registered sperm donor bank. People to donate their sperm privately don't have the protection that the sperm bank contract offers.
2016-05-23 01:52:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no you can go to jail if they catch you or if you take that person to court the judge can garnish your pay him and only him. been there done that
2006-11-01 01:08:52 · answer #7 · answered by peter i 1 · 0⤊ 1⤋