I have a judgment, can they take my child support?
My only income now is child support which is deposited directly into my bank account. I just got a interrogatory its in the mailbox now. I gave my bank account info and I'm concerned they will freeze my bank account and take the child support. can they do that?
Answers:
They can seize the account and then return it to you after you do without food, shelter or clothing for a while.
They cannot tell the difference between a child support dollar and a dollar from other funds that are eligible to be siezed.
1. get your money out of the bank today as in right now - read the rest of this after you get back from the bank.
2. On the interrogatory - did you identify the account as being the repository for child support only? That all funds in the account are from child support?
3. Call the child support office and have them hold the checks before they get frozen in the account.
4. Call the creditors attorney and inform them that the funds are from child support only. It may not help but its worth the effort.
No. They can't freeze your bank account, and they can't get any money from you as long as the case is being litigated -- if you're answering interrogatories for a court case, it still is in the courts and they need a judgment first. They can garnish your wages and possibly seize property, but that's only after they get a judgment (after a trial or a settlement). If child support is the only money in your account, then they probably won't get a lot of money out of you anyway, so just be honest about your finances -- they'll probably work out a payment plan with you.
Child support payments are usually "judgement proof" meaning that they cannot be used to satisfy a debt, claim or lien. That said, you shouldn't ignore any court request for you to appear or respond a suit. If the case works it way through legal system, you'll be able, at the appropriate time, to let the court know that your only source of income is child support. However, if you have other assets, those might be subjec to a lien. You should consult a lawyer.
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