Legal Question in Family Law in California
Levy of Joint Bank Account for child support
My husband has been deployed for the past 7 months on active duty with the military. I have sent his child support payments by check as no wage assignment was in place with his recent activation. My husband requested that his current arrearage payment be reduced. Never heard anything back. Today I tried to use our joint bank debit card to purchase fuel. It was rejected. I contacted our bank and was told that a levy was put on our joint checking and savings account. My husband's pay was just deposited electronically. We have 5 children together and I have no way to pay bills, buy groceries etc. What can I do? The children and I have no money to rely on. How can a levy be made for child support leaving my children with absolutely nothing. This seems so callous and unfair. Shouldn't the child support office contacted us? Please help. We have no money for groceries, let alone and attorney.
3 Answers from Attorneys
Re: Levy of Joint Bank Account for child support
I am very sorry to hear about your situation. You need to enlist the help of the Navy first. Generally child support payments take priority over other garnishments. Keep fighting and working towards a solution and good luck.
Re: Levy of Joint Bank Account for child support
Contact Navy relief and see if they can help you out with some money to buy groceries and necessities and retain an attorney. It sounds like you (your husband) needs to make a visit to the child support agency collecting the support. If you are not in that town, then you have no alternative but to hire an attorney. You need a written agreement on payment of the arrears. My experience is that the agencies will not reduce arrears, for any reason, but you need a payment plan to prevent future collection actions. Writing a letter obviously will do no good. Good Luck, Pat McCrary
Re: Levy of Joint Bank Account for child support
Contact the Navy attorney nearest to where you live. Dicuss the matter with the attorney. Also bring along all the correspondence and other documents that you have. It is my understanding that there is not charge for the attorney's services. A letter from the Navy legal department may be enough to get the matter resolved.
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