Legal Question in Family Law in California
My bank accounts were levied by child services and I'm 100 percent up to date, have never missed a payment. Can I A: get my money back, and B: penalize someone for my loss and humiliation?
2 Answers from Attorneys
If you still owe arrears, they can levy your bank account, regardless of whether you are making your monthly payments. They can also intercept your tax refunds. There are certainly laws they must abide by, but I have seen them break many of them. They have very little accountability in my opinion, which I find disturbing. If any firm behaved the way their staff does at times, we would lose our license. You may need a consultation with an attorney to determine if they have conformed with all of the rules that apply to them, and to take them to task, if needed. In my experience, they really don't listen to an NCP (noncustodial parent) who is not represented. Even attorneys have a difficult time with them.
I actually agree with Ms. Ellifritz. They can be very difficult to deal with, and even when the noncustodial parent is current, I have seen them revoke licenses, levy bank accounts and create a surplus. I've even seen them collect after the child turns 18, with the story that they may need the money if the adult child now becomes disabled.