Legal Question in Credit and Debt Law in Wisconsin

Is the state (WI) allowed to take money from my account for another person? I just noticed that the state (WI) withdrew a large amount of money from my account. I don't owe anything to the state and I'm the only with income on my account. I do have a a secondary person on my account with someone that owes for a student payment but I am the primary owner. Since I am the only one with income, and this can be proven, is the state even allowed to withdraw my money because of the secondary person? The secondary person is not my legal husband either - just the father of my children.

Asked on 5/22/16, 2:50 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Joint ownership on the account's signature card often means that either person can withdraw the entire amount, in which event either person's lawful creditors enjoy the same privilege. There may not be a "primary" owner in this event, so both owners would enjoy equal full use of the funds. If you listed the 2nd person on the account solely for estate planning purposes, you might consider changing that listing to "payable on death" to the person, which should protect you from their creditors as long as you remain alive. Even in that event, however, your death would make the account funds available to the POD (payable on death) beneficiary.

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Answered on 5/23/16, 5:31 am

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