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mommy_4

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Reply with quote  #1 
I have a question regarding a bank account levy on behalf of a friend. (That and it may be helpful to know when my fiancee and I get married) This guy lives in Iowa, his ex lives in South Dakota and he pays child support on their 2 children. He got a little behind on child support while starting his own construction business, but has been paying $600 and some odd dollars a month on his case and his current is on $344 each month. He recently got a notice that they were going to levy his bank account for 50% (personal, but uses it for his business until it picks up more). It is not like the mother is in need of it (she and her new husband have a business that is doing very well and live in a brand new home, drive brand new cars, etc.) As I can understand he is upset and is stuck in a position where he cannot pay for lumber and such in order to do jobs to make money right now, and he has a wife and her 2 children from a previous marriage. This is not only affecting him. He does not know what to do, or if they can even do that. He came to me thinking I may know considering my oldest 3 children are from a previous marriage. Unfortunately, I was unable to help him because my ex and I do not have a support order. If I need help, he helps me if he can. He has never had a problem helping me, and in fact has sent me some just because he could. Because of this, I am unfamiliar with the child support stuff and really want to help my friend. Thanks in advance.
leglegl321

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Reply with quote  #2 

     Where is the original decree from, and where does jurisdiction currently reside?  If jurisdiction lies in Iowa, estimate the respective incomes, and look up the amount of child support from the Iowa guidelines as noted here on this web site and on the Iowa judicial web site.  If in another jurisdiction, look for similar guidelines and do the same analysis.

     If his income is down, and hers is up, it may be best to go to court for a modification.  Analyse the situation carefully.
 
    It is a shame, but it is actions like bank levies that force some people to convert as much of their income to a cash basis, and use that for as many transactions as they can, and they try to shelter as much of their money away from thosetrying to seize it.

seaman

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Reply with quote  #3 

They can and will levy bank account for arrears.  He may be able to challenge it if he is already paying some amount towards arrears.  My husband was able to get our levy lifted because he was already paying towards the arrears. 

bunches

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Reply with quote  #4 

I don't know your rights in regard to the bank accounts... I know when they take money from your taxes that the new "wife" is protected from losing her returns.  In the future you may want to have separate bank accounts for your money and his.

Chad

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Reply with quote  #5 

simmple if you owe child support do not use your name for a bank account. if its not in your name they can't touch it, oh and when you get married put everything in the spouses name that dosn't owe support. yes shady but then so is the system. Hid everything you can without being too oviouse. and if the CPs (controlling pricks) ask for your spouses income and worth don't give it to them without a judges order and then ask for their spouses too.


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What's wrong with socialism in one sentence:
When you implement “from each according to his ability, to each according to his need,” magically, everyone starts having quite a lot of need and very little ability.
drp1212

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Reply with quote  #6 

be careful about the spouse that you put everything in their name - my brother lost a lot when he tried this and then ended up getting a divorce. She wouldn't sign over titles to cars and some other stuff.

bunches

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Reply with quote  #7 

You can have your name as the second person for protection.  Yes never ever give out your spouse's income without an order from a judge.

seaman

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Reply with quote  #8 

They can still take it with your name as 2nd person's.  They tried to take my bank acct b/c my husband was listed 2nd on my acct.  The only way we got it lifted was because my husband was already paying $ out of every check towards arrears.

KidzCount

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Reply with quote  #9 
They can absolutely take it from a checking account.
In a case where they've intercepted a tax return, and then had to give all or a portion back to the new spouse, its called "an injured spouse claim" and the new spouse has to prove that a portion of the return is actually due HER.  I'm not sure if you can do an injured spouse claim on a bank levy . . . .
Chad

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Reply with quote  #10 

simple if you can't trust you new spouse use your parrents or siblings or even make a new ID for yourself there are lots of ways around the system, it is so broken and screwed up its not viable to even try to play their game anymore.


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What's wrong with socialism in one sentence:
When you implement “from each according to his ability, to each according to his need,” magically, everyone starts having quite a lot of need and very little ability.
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Reply with quote  #11 
https://secureapp.dhs.state.ia.us/childsupport/generalinfo.asp#PayingfromBankAcct

Levying from Bank Accounts
When child support is collected by taking money from bank or financial accounts, it is called administrative levy. This method is used to collect past due support.

Iowa law allows the Child Support Recovery Unit to take up to 50% of the balance in many types of accounts. This may include joint accounts, even if the deposits were made by a person who does not owe child support.

Notice of the possibility of administrative levy is given either in the child support order or by mail to persons who are ordered to pay child support. This informational notice is called the "Legal Notice of Administrative Levy". It tells you administrative levy may be used.

If the form called "Administrative Levy Notice to Obligor" is received by mail, the levy has happened. This means a part of the account balance has been frozen and is not available to you.

The notice will also tell you what to do if you disagree with this action.


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
Deere9560r

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Reply with quote  #12 
How often can they withdrawal from the same account? It worries me that it's like getting divorced... You loose half, and if you do it again you got half of half and so on. I've looked and tried to find out how often they can levy each account but find nothing.
lcklck16

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