QUESTION: I'm unemployeed and homeless. I have outstanding child support arrearages that are due. A family member is paying my bills and wants to open a joint savings account with me. Can child support take the money in that joint account?
MY RESPONSE: Possibly. 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, but that can be done without prior notice to you. 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 levy.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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