I really need someone else's opinion on this matter.... I have a daughter, who does not live with me, so I have to pay child support. Unfortunately, money has been tight, and I could not pay the necessary amount. She still lives very, very comfortably. Just recently, the Commonwealth of Massachusetts Department of Revenue took $2,000.00 out of my checking account without informing me. I did not have that money in my account! Now, I am -$2000.00 in my account, and my daughter's mother is sitting pretty on my money. I now owe the bank the $2,000.00, plus overdraft fees. With the money I make, it will take me 3 weeks to pay that back! I don't have money to live anymore, no money for gas, for food, for mortgage, because I have to pay that back! They took money I did not have out of my checking account and left me to fend for myself. Should I contact a lawyer? This does not sound ethical! They cannot take what I do not have! Please give me your opinion!
2007-10-10 10:03:01 · 14 answers · asked by Mike 2 in Politics & Government ➔ Law & Ethics
I'm sorry I lost sympathy for you as soon as you said "I HAVE to pay child support" - why do men not think I WANT to pay half the amount to bring up my children/child. The partner raising the child/children does not have the option.
2007-10-10 10:09:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I am sure that something is missing as the bank is not going to loan the state $2000 and hope you pay it back. More likely, the state withdrew $2000 while that was in the bank and then charges or checks that you wrote arrived overdrawing the account. I know it may seem like a minor difference, however it is not the same.
That being said, if you are having money problems because your income dropped, you can petition the court to change the support you have to pay. If you are not sure how, contact a lawyer.
In the mean time, I would avoid putting your money in that bank. Until you are paid up that can take all of your assets. Money in the bank is an asset.
2007-10-10 10:10:21 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
Unfortunately for you, they are allowed to do this if you don't pay your full child support. It's not the bank that does it, it's the MDR. If you need to have your child support amended, go to court. In the meantime there isn't much you can do, but I do agree with the person who told you to stop any direct deposits and cash your checks elsewhere. That way you can pay the bank back little by little but you'll still have some money to live on.
2007-10-10 10:52:42 · answer #3 · answered by ciela109 3 · 0⤊ 0⤋
Nope, you're screwed.
The government executed on a legitimate asset in a lawful manner.
The bank is in the clear.
You owe the money.
What you do next is up to you, but I would cancel any direct deposits with that bank. You'll probably have to take your paycheck to a cashing service and pay the fee, but at least you'll have money to live while you work something out with the bank.
Aren't you glad you had kids?
2007-10-10 10:44:56 · answer #4 · answered by gw_bushisamoron 4 · 0⤊ 0⤋
well the only thing you really can do in pention to amend the child support. you have to prove that paying your weekly or monthly amount is too much...(bank records, bills, income statements) YOu can do this without a lawyer just know what you are doing!! I would also contact a lawyer about the bank just taking money like that....but it was probably the state...do you have a garnishment??? how else would they get your account number...?? that does sound VERY fishy!
2007-10-10 10:07:17 · answer #5 · answered by Rachel D 2 · 0⤊ 0⤋
My country where i live it is not possible that dept. of revenue can do what it has done to you ...if i was in your shoes i would first go and beg forgiveness of my wife and daughter and clear up the misunderstandings and reunite into one family unit to help each other and let bygones be bygones so your daughter can return the money of $ 2000.00 what you owe to bank .Your wife can return some money that she is sitting with so that you can survive in this critical financial situation .To err is human to forgive is divine ....let not pride and predjudice stop coming in the way of building a solid relationship on commitment and trust that was made at time of your marriage "till death do we part and for better or worse we shall love and cherish each other ...this is purely my opinion and view ---it is better to eat humble pie than die of hunger and lonelyness ...Nosh from india.---Please don't worry God will guide you in your distress times to do the right thing that needs to be done in your present situation --i pray it gets solved by tomorrow ...
2007-10-10 10:22:44 · answer #6 · answered by Nosh 3 · 0⤊ 0⤋
First, contact your bank and ask them under what law is that permissible. Second, go look for a second or third job. You made that child, support is mandatory, rationalizing about the relative comfort she lives in , certainly doesn't diminish your responsibility for support one penny. Thirdly, invest in crying towels, I know I will.
2007-10-10 10:16:56 · answer #7 · answered by Anonymous · 1⤊ 0⤋
You should have been paying your child support. If you had been paying it, the state would not have attached your checking account and withdrew the money owed.
2007-10-10 10:13:12 · answer #8 · answered by optitkl 3 · 1⤊ 0⤋
If you owe on taxes they can draft your account without telling you. I would call the Department of Revenue and find out why they did it. Explain the situation to your ex, maybe she will surprise you and let you get caught up.
2007-10-10 10:08:03 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Sounds like a government taking without Due Process; an Unconstitutional act.
Speak with an attorney.
Good luck.
2007-10-10 10:08:30 · answer #10 · answered by MenifeeManiac 7 · 0⤊ 2⤋