Legal Question in Family Law in California

Re: Levy bank account

You need to obtain a Satisfaction of Judgment for any orders that you have paid in full. If she has been overpaid you have to file a motion to get an order to get the money back. Your bank is not going to get involved in this. You should have received notice of the levy and been given an opportunity to object and request a prompt hearing. If you didn't pay but just thought that she had waited too long you are probably wrong. Support orders are good for longer than other judgments.

Re: Levy bank account

You got stuck in what I call "the pickle." Your bank does not have a duty to notify you prior to the levy of your account. That would defeat the purpose of a bank levy. If such a duty exist, eveyone would clean out their account before the funds were taken. Most banks will hold the money for a period of time (e.g. 7 days) before they release the money to the judgement creditor.

I do family law, and in most situations there is two sides to every story. Do you owe arrearages for child support? Is their an AFDC action? Does your ex have a lawyer?

I have seen situations where levy's were done by mistake and have corrected such situations.

If what you say is true, you need to do an OSC for an accounting and to recover your overpayment's to your wife, and seek sanctions and attorney's fees for having had to do so.

As you can see there are way too many questions to be answered by you before I can give anymore of an opinion. If you are in Southern California you may contact me through this system for a free consultation.