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Can back child support be drawn from a joint account?

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2015-07-15 21:18:56
2015-07-15 21:18:56

Yes, a bank account joint or otherwise can be levied against for child support payments, If the account is held by a married couple the entire account is subject to levy, regardless of whether or not the couple reside in a community property state. If it is held as joint tenants with someone other than a spouse, the other account holder will have to prove to the court what portion of the funds in the account belong to him or her.

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(Possibly) those funds that belong to a joint owner of the account and not to the child support obligor.

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Yes, if it's a joint account in both your names. No, if the account is only in your name, unless it can be proven that he makes deposits into that account.

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Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.Yes. That's why no one should open a joint account with someone who owes child support. At least half of the balance at the time of the lien can be frozen.

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No, New York does not take a new spouse's income into account when calculating child support. However, if you owe back child support, the state is able to garnish joint assets, such as a joint checking account or a joint tax refund.

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In most states, no, child support cannot be directly garnished from a spouse's income. However, most states can take money from joint finances, such as a joint bank account or joint tax return.

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Not directly. Child support cannot be taken out of the new spouse's pay check, however, it can be garnished from any financial asset that includes both of your names. For example, child support can be taken from a joint bank account, a joint tax refund, or a joint retirement account.

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No, unless the debit card is connected to a joint account with you. In that case the state can freeze the account to pay child support arrears.

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Yes. The other owner(s) will likely have to prove, in a hearing, their share of the account if any.

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No. Child support is the responsibility of the biological parent who is named in the support order. It is possible for a joint bank account or other property be attached for payment of support to the extent of amount owned by the person ordered to pay the support, including liens against real property. In addition in community property states the court will often allow an entire bank account of a married couple to be garnished for child support that is owed by only one of the spouse's. The safest option is for the new spouse to have a separate account not a joint marital account.

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Yes to the extent that the loan becomes an asset (bank account, etc.).

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If the account is joint it can be levied to the extent of funds that belong to the non compliant parent. The joint holder would have to provide proof to the court of the percentage of funds belonging to them to prevent said funds from being levied. The best solution if for the spouse who is not obligated for support to have an account in their name only and hold only funds belonging to them in this account. Never attempt to deposit funds of the non compliant parent into an account held by someone else in order to avoid a levy for child support. Likewise never attempt to transfer property owned by the non compliant parent to avoid attachment for child support arrearages.

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No. Courts routinely award child support in cases where the parents have joint custody.

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No. His child support obligation is not your responsibility. However, you should keep your finances separate- no joint bank accounts.No. His child support obligation is not your responsibility. However, you should keep your finances separate- no joint bank accounts.No. His child support obligation is not your responsibility. However, you should keep your finances separate- no joint bank accounts.No. His child support obligation is not your responsibility. However, you should keep your finances separate- no joint bank accounts.

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It depends on how you are "on it". If you are a joint-account owner, then yes they can freeze that account. If you are listed as the guardian of the child (therefore the account is in the child's name, but you control the account) then no they cannot freeze it.

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Joint Custody and Child SupportJoint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary among states). Because both parents provide for the child directly, the payment between parents may be less, but the financial support to the child is the same or higher than with sole custody.

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I think you may get the information about child support and joint custody in Colorado Springs, CO from www.colorado-family-law.com/child-support.htm

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Not directly. However, if you combine your money in any way, the state can take it for back child support. For example, if you get a joint bank account, or even add his name to your bank account, the state can take money from that account. If you file a joint tax return and get a refund, the state can take money from that refund. The custodial parent may also be able to have the child support amount increased based on your new "household" income, which includes any wages you earn.

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If you are the joint-owner of the account you have already have access to the money so there is no reason to levy it. If you are not the joint-owner then you can't levy the money in the account, only the money paid to him via his paycheck. The levy would cause his employer to divert some of the funds that it pays to him, before he receives it.

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Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.

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Filing a joint tax return should not increase or decrease a child support obligation.

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No, her wages cannot be garnished. But there is an issue that you must seriously consider. In most states any joint marital property can be attached for child support in the extent that it belongs to the biological parent who was ordered to pay. If you live in a community property state, a joint bank account would be subject to garnishment for the entire amount of child support owed. Because all assets are considered joint in CP states, bank accounts are very difficult to protect from levies, especially in regards to child support issues.

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Generally, the surviving joint owner of a bank account becomes the sole owner of that account when the co-owner dies.Generally, the surviving joint owner of a bank account becomes the sole owner of that account when the co-owner dies.Generally, the surviving joint owner of a bank account becomes the sole owner of that account when the co-owner dies.Generally, the surviving joint owner of a bank account becomes the sole owner of that account when the co-owner dies.


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