Freezing joint bank accounts for past due child support

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Latest post Fri, Feb 17 2012 12:22 AM by robandmel08. 8 replies.
  • Sat, Aug 2 2008 2:18 PM

    • kym1968
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    • Joined on Sat, Aug 2 2008
    • Posts 4

    Question [=?] Freezing joint bank accounts for past due child support

    I have a question regarding Dept of Health & Services being able to freeze joint bank accounts for past due Child support. My husband and I(are in Maine)and we have a joint checking & savings and then I have a checking & savings acct in just my name(but they are all kinda linked together. I do not work(do not contribute any money to any of the accounts-the ones in my name are where we transfer his direct deposit into for bills) and I have not worked for 10 years due to chronic back problems. My daughter(who is now 22) went and lived with her dad for 1 year back in 2001, and he went and got an order for child support. Nothing was ever paid on it....now in 2008 they froze all 4 accounts. Can they legally freeze and take all the money in the accounts, even though my husband contributes 100% to them with his direct deposit from work?? I will not be able to find anything out until Monday(thru my bank) All I could find out today was that DHS has a freeze on all 4 accounts, and to call the Bank on Monday. I am extremely upset and don't know what to do, because the money in the checking account in my name is for our rent & I already sent a check to the landlord. Does anyone know what I can do and if the state of Maine/CS can take the funds?(her father never recieved any assistance/money from the state for help)
  • Sat, Aug 2 2008 5:02 PM In reply to

    Feedback [*=*] re: Freezing joint bank accounts for past due child support

    Any account with his name on it is subject to be seized. If you owe past due support you need to eventually pay it. Your income tax returns are also subject to be taken until the arrears is paid. If you cannot work then you need to apply for Social security benefits. He is entitled to CS if he had the child. He likely paid CS when you had the child, correct?
  • Sat, Aug 2 2008 5:03 PM In reply to

    Feedback [*=*] correction

    any account with your name on it is subject to be seized.
  • Sun, Aug 3 2008 2:31 PM In reply to

    • kym1968
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    • Joined on Sat, Aug 2 2008
    • Posts 4

    re: correction

    Right now there is a freeze on the joint accounts & 2 in just my name. My husband's direct deposit is the ONLY money that has EVER went into any of those accounts. So I guess on Monday I will find out who to contact at Dept of CS in Maine. I am trying to get SS now for myself, but my daughter is now 22 yrs old. I have been told that I can request a hearing if the DHS will not take the freeze off that money. I also have been told that if I can prove that all of the money that goes into the accounts is 100% contributed by my husband(who is NOT responsible for my debt) that they will have to release the money to him! I hope that is the case, because the rent needs to be paid! I don't see how he can be held responsible for my past debt, when he is the only one working and makes all the money? Regardless of the situation!
    I really don't think any judge is going to say that the money in the bank accounts should be taken for my debts, when he has bills to pay with the money he makes!
    My daughters dad only started paying child support when he was court-ordered after he got out of paying for 4 years. (to answer your question).
  • Sun, Aug 3 2008 4:34 PM In reply to

    Feedback [*=*] re: correction

    The back child support is not going to go away unless Dad drops it. It doesn't matter if your child is 22 years old, you will continue to accrue arrears and interest until it is paid.
  • Mon, Aug 4 2008 6:35 AM In reply to

    • kym1968
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    • Joined on Sat, Aug 2 2008
    • Posts 4

    re: correction

    The problem is, every state law is different, thats why I wanted to know legally what I can do as far as the frozen bank accounts(in Maine). My husband is the ONLY person that contributes 100% to these accounts(per: direct deposit)! I know in some states they can't keep a freeze on joint bank accounts,then there is a state where you can claim an "exemption" and the bank has to lift the freeze. So I will find out the deal in about 3 hours from now. Thanks!
  • Mon, Aug 4 2008 10:49 AM In reply to

    • kym1968
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    • Joined on Sat, Aug 2 2008
    • Posts 4

    DHS Unfroze all accounts ;-)

    Just wanted to let you all know that--I called DHS and I explained to the case worker that I have not worked in 10 years and my husband is the ONLY one that 100% contributes to all 4 accounts. He said for the bank to fax him 6 months worth of statements proving that it was his Direct Deposits that funded the accounts, and he would fax them back the paperwork to "release the fund/freeze on account". Awesome news!!!
  • Mon, Aug 4 2008 2:48 PM In reply to

    • CJ
      Consumer
    • Top 50 Contributor
    • Joined on Mon, Aug 2 1999
    • CA
    • Posts 1,674

    re: DHS Unfroze all accounts ;-)

    Because you are not contributing financially, it would be in your husbands best interest to remove your name from all joint accounts in case this happens (and it very well could).

    I hope you understand that by not paying anything on the past due amount, you are really digging yourself into a deep hole. Each month the amount will grow and grow. Ignoring it will not make it go away.
  • Fri, Feb 17 2012 12:22 AM In reply to

    • robandmel08
      Consumer
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    • FL
    • Posts 2

    Re: DHS Unfroze all accounts ;-)

    i have a question.. here it goes.. my new wife and i have a shared checking account and it shows what money goes in for me as well as my new wife .. they froze our checking account but she is the money maker is she liable for my  child support in florida.. also they take half my pay check and took all of our tax return .. my new wife is going to file injured spouse but was wondering about the money she has direct deposit on as well as mine... i know i owe child support but my new wife shouldnt be liable for my debts

     

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