Can child support take money from a new joint account? 6 Answers as of May 30, 2013

I'm unemployeed and homeless. I have outstanding childsupport. A family member is paying my bills and wants to open a joint savings account, can child support take the money in that joint account?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you are unemployed, you should immediately file an Order to Show Cause to modify Child Support -because Child Support cannot be retroactively modified. Child Support arrearages bear interest at 10% per annum, and can result in your loss of any licenses that you may have, including your driver's license. If you owe Child Support Arrearages, the other parent can't collect the money from your joint account without first seeking and obtaining a writ of execution for the Sheriff to levy on your joint account. It would probably be a good idea for the person who is paying your bills not to put a lot of money into that joint account, in case the other parent obtains a levy on that account. Also, don't let the other parent know about that joint account - open it at a different bank from the bank the other parent knows you have banked at, and don't provide the other parent any checks drawn on that account. That may better insulate that account from discovery and levy.
Answer Applies to: California
Replied: 3/1/2012
HADJIAN LAW P.C. | ZARI HADJIAN
No.
Answer Applies to: California
Replied: 5/30/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Yes.
Answer Applies to: California
Replied: 5/30/2013
Peyton and Associates | Barbara Peyton
If the child support collector finds that account with your name on it, yes.
Answer Applies to: California
Replied: 2/29/2012
Law Offices of Frances Headley | Frances Headley
Yes, they could. While there is nothing you can do for support already owed you should make the court or child support agency aware of your current circumstances so that support can be modified until you are on your feet again. You should contact the local child support agency or the family law facilitator to assist you.
Answer Applies to: California
Replied: 2/28/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    In California, the Department of Child Support can take money from bank accounts without notice. So, if you are on an account and it is a joint account the funds are subject to seizure.
    Answer Applies to: California
    Replied: 2/28/2012
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