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  1. #1
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    Jun 2006
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    1

    Default Bank Account Garnishment in Tennessee

    Hello,
    Any help or information will be appreciated, I just moved to Tennessee from California about 4 months ago and my new employer has indicated that they only provide paychecks by direct deposit. I am fearful to open an account because when I was living in California where I have a child support order, my only personal bank account was liened and all my money ($3000) was seized and sent to child support. That was every penny I had to live on. I pay my current support order of $800 every month on time, but I am in arrears due to a heart attack about 3 years ago and was not being able to work for over a year. So it added up quickly and interest is a killer. California did not care and took everything leaving my new family and I with no way to pay the bills. Needless to say I have not opened any account since. This seems very harsh and like I said I pay every month and am trying to get caught up. Does Tennessee have these same sort of laws where they can garnish my bank account? Would it help to open a joint account with my wife? Do all banks have to report social security numbers to government agencies? Don't they understand I am not trying to avoid my obligation, I just cant pay back over $8000 at ONE TIME.

  2. #2
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    Default Re: Bank Account Garnishment in Tennessee

    If you have a bank account, and a creditor registers a judgment for collection in your state, they will generally try to garnish money in your bank account. If it is a joint account they will typically be able to garnish all money in the account - yours and your wife's - and leave it to you to prove that part of the money wasn't yours.

  3. #3
    Join Date
    Jun 2006
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    23

    Default Re: Bank Account Garnishment in Tennessee

    DJ? How did CS discover that bank account in the first place? Does the $8000 they took cover your child support?

  4. #4
    Join Date
    Oct 2005
    Location
    Massachusetts
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    755

    Default Re: Bank Account Garnishment in Tennessee

    Well, you shold have taken care of this b4 you left my friend.
    So now, what you have to do, is get a lawyer, or file a motion to modify child support. At the motion, explain your situation, and the courts will come up with a fair/reasonable garnishment, to cover your arrears.
    When you had the heart attack, and were out of work, why didn't you file a motion for modification? A heart attack is a good reason to modify that CS.
    And yes, when you open that bank account, your money will dissappear. It happenned to a good friend of mine. Good luck

  5. #5
    Join Date
    Jun 2006
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    23

    Default Re: Bank Account Garnishment in Tennessee

    I am curious about this bank account thing. Strictly from a computer program point of view. Are you saying that CS has a server that monitors every bank account in the country? That is a logistical nightmare. We are talking about well over fifty million bank accounts in some states. Does not make sense!

    PS Hey people! I have been on a few of these child support message boards. I see lots of questions about what CS can do to get you here or get you there.

    Bottom line! If you make your payments on time every month, CS can't do squat to you. Period!

  6. #6

    Default Re: Bank Account Garnishment in Tennessee

    My husband has his income tax return taken to pay his arrearages in Tennessee. I don't know how it works since your child support case was done in California, but that's what Tennessee does, they take your income tax return. We have seperate checking accounts and I just move his paychecks over into mine that way they can't get my money also. As long as you have a joint account they can get her money too.

  7. #7
    Join Date
    Jun 2006
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    Practicing in Los Angeles, California
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    411

    Default Re: Bank Account Garnishment in Tennessee

    Quote Quoting tngirl23

    We have seperate checking accounts and I just move his paychecks over into mine that way they can't get my money also. As long as you have a joint account they can get her money too.

    My response:

    And, somehow, you believe this protects him from feeding and housing his child? You believe you're protecting him? You don't think he should be paying his child support for a child he helped to bring into this world? You think it's right of you to assist him in disobeying court orders?

    Your watch words for the day are: "Paper Trail"

    IAAL

  8. #8

    Default Re: Bank Account Garnishment in Tennessee

    Quote Quoting tngirl23
    My husband has his income tax return taken to pay his arrearages in Tennessee. I don't know how it works since your child support case was done in California, but that's what Tennessee does, they take your income tax return. We have seperate checking accounts and I just move his paychecks over into mine that way they can't get my money also. As long as you have a joint account they can get her money too.

    Do you understand fraud? Do you understand that if the ex wants to she can have request post judgment asset discovery that will include all of your financial information?
    Once that account is discovered they will garnish it and let you prove what is yours.

    OP in answer to your question, all assets (including tax returns and bank accounts) are subject to garnishment for child support, even in Tennessee


    To IAAL- nice to see you buddy

  9. #9

    Default Re: Bank Account Garnishment in Tennessee

    Just for your information he pays his child support all $156 dollars a week. This woman he accidently had a child with will not work & quit her job before the child support hearing so she could get a better judgment. They never gave him a chance to file for visitation. We are expecting a child of our own, but this woman won't get a decent job to where we can actually make a living. We do what we have to because she won't get off her lazy butt and work. She has a responsiblility to her child as well he does his part. So don't you dare pass judgment on me when the state takes half of his paycheck and we have to scrimp and save to make ends meet. Walk a day in our shoes and then try to tell me that I'm doing wrong. She never done what's right from day one telling us three men were the possible father and then not calling for three months after the baby is born saying oh I think it's yours i can't remember who i slept with that night. He doesn't even want to be the parent of this child. She got him real drunk one night to where he doesn't even remember anything about the night. How do we know that she didn't do this on purpose. But excuse me, he Does pay his child support and does a damn good job & takes care of a wife and our child and works two jobs. Can you say that?

  10. #10
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    Default Re: Bank Account Garnishment in Tennessee

    Quote Quoting tngirl23
    They never gave him a chance to file for visitation.
    He could have petitioned for visitation then. He could petition for visitation now. There's nothing which is stopping him from petitioning for visitation.

    They may not have told him how to petition, but that's not the same thing as not giving him the chance - he had, and still has, the opportunity.

    Quote Quoting tngirl23
    He doesn't even want to be the parent of this child.
    Which I would infer is the actual reason he didn't ask for visitation. He doesn't want it. Do you?

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