Legal Question in Credit and Debt Law in California
If someone owes rears in child support but is paying a monthly payment on time, can child support go into their bank account and take money out that they have been saving?
2 Answers from Attorneys
The answer is no since you are current you owe nothing and therefore nothing can be taken. Often there is amount owed from before and a old court order in effect you might not know or forgot about. Also, sometimes the government provides benefits and the child support is owed to the government and you think you are current because you are paying the exspouse but owe the government for MediCal or general assistance for the support of the child, etc. To take money from the account requires a court order and you have the right to see it and verify that it is valid and that the money was not paid by you.
Mr. Carballo is wrong. If you owe from past support, even though your monthly payment is on time, they can still go back and get prior amounts owed since there is a judgment on that amount. It happened to me.