Legal Question in Family Law in California
Are my Post 9/11 GI Bill benefits exempt from a child support levy? I have been trying to catch up with my bills since leaving the military and have not been able to find permanent employment. I was on unemployment (which only paid a percentage of my child support) for a few months before applying to school and receiving my GI Bill. Because of this my arrears grew and the state has put a levy on my bank account. There are a couple of things I have read, but I am not sure if they are true. One, if you have less then $2500 in your account they cannot legally freeze your account. Two, the GI Bill benefits are exempt from levies. My main concern is, if I cannot pay for my transportation and school supplies I will be dropped from the class and therefore lose my GI Bill benefits.
2 Answers from Attorneys
If you don't have income to pay your child support you need to go in and get it modified immediately. Contact a local attorney. Do not waste time on internet searches and questions.
Absolutely! Mr. McCormick is correct - get your support order changed immediately!
Most of the information you have found, however, is not correct. I am assuming there is a current support order that has been issued by the Court, and the Department of Child Support Services is involved. If you are in arrears, but current with your payments on the current order, they will not take all that they find in your accounts. They will put a "hold" on your account(s) and allow you an opportunity to file an exemption (regardless of whether you have money they could seize or not). If you don't have in excess of $3,500, they don't take money, but will still allow your bank account to charge a "reasonable" (and I use that term loosely) sum. This is usually around $100.00 that is an allowable charge by the bank for their "trouble" to take a peak.
The problem here is that you are behind on payments. That is why you need to get this changed immediately. You need to obtain a current order, with a payment toward arrears, to get that $3,500.00 exemption AND be current on that order to receive that protection.
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