Legal Question in Wills and Trusts in Pennsylvania

Six years ago my husband and I set up two bank accounts for our two children and put down that unless the kids were 18 moeny could not be released without both our signatures. A year later my husband left us and we could not find him for four years. Last year we were given a phone number and address but he is no longer at the address or phone number. He is $22000 behind in child support and has no relations with his kids. I was wondering if a judge could petition the bank to release funds just to me so that I could use the money on my children. I am on foodstamps and only work part-time at the moment. Both accounts have also lost over two thousand dollars in the last year(both accounts were opened with five thousand). If I could prove the money is needed to help me with the kids such as clothes and getting my car fixed to take them places, could a judge order the bank to release funds to me and if so, how much would it typical cost to hire a lawyer to help me?


Asked on 9/15/11, 3:19 pm

1 Answer from Attorneys
Rachel Hunter

Child support generally is like a money judgment. It can be enforced like a money judgment. I would think that if the husband has an asset (the bank account) then there should be a way to levy on that bank account. However, I have not seen any of the documents, so I can't say.

This is not a probate question - its a family law question. I have no idea what the going rate is for something like this. Your best bet is to get a family law attorney. If you cannot find one, then the district attorney will represent you. Either way, they will have to find your husband and make him part of the proceedings. There are people finder services. If he cannot be found, then he will be served by publication. This will add to the cost if it is a private attorney but it cannot be helped.

Good luck.

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Answered on 9/15/11, 8:15 pm


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