Legal Question in Family Law in California

What is the name of your state (only U.S. law)? Bakersfield, CA

My fiancee has a son with a prior girlfriend. He pays child support, back child support, and health insurance for this child--Its automatically taken out of his checks every month.

That being said, I looked on our bank account, and saw a debit transaction for $100, with the description "LEGAL ORDER FEE, LTS" and was told by my bank that it was a Levy order from the Franchise Tax Board for back child support. She also asked if we had received any notice of this, and I said no, because we have received nothing.

So, I have a few questions: 1) Is it even LEGAL to apply a levy when no notice was even received? 2) How is it possible for them to take money from us, when were paying it on time every month? and finally 3)Is it possible that the ex-girlfriend is behind this? Because if it is, it really sounds like something she would do.

Thanks for all your help in advance....


Asked on 6/18/10, 11:43 am

1 Answer from Attorneys
Karen Miller

Hi and thank you for your question.

You should ask the bank for a copy of the levy. This levy will give you the information of the case number and name. Then, go or call that court and find out what is going on. If it is incorrect, then your fiancee needs to go to that court and have the levy quashed. Sometimes, if it is enforced by the Dept. of Child Support Service, when an attorney calls them and talks to them about the situation, they will quash it on their own if they were wrong. If they refuse to do so, then you have to go to the court to have this stopped.

Best wishes,

Dr. KBM

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Answered on 6/19/10, 10:39 am


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