My question involves child support in the State of: Michigan ....
hello I just have a quick question..
my fiances bank account was either seized and or frozen today..we never received the letter we never received anything from the state of Michigan..is this legal for them to do that without notifying him at all?
his daughter is in her mid twenties, and his ex wife has not attempted to collect child support in 10 years..now all the sudden we wake up this morning and find out they took every dime we had in the bank...we have tried calling Lansing and Wayne County and cannot get ahold of anybody, and of course this would be the exact time our lawyer is on vacation in Florida and we cannot get ahold of him..
for anybody that can offer some detailed advice... could you please just tell me if what the state of Michigan did is legal..his address has been the same for the last 20 years so they know where to send his mail.. and I read somewhere online that if they seize the bank account he could also have a bench warrant out for him is this correct...and since they took every time we had our house payment or car payment or insurance payment nothing like that is going to be able to get paid are they really allowed to do this..
sorry just extremely frustrated with this issue..like I mentioned his ex has not made an effort to collect in over 10 years and now all the sudden we are left with less than 100 in our pockets for the month when we just got paid..
sorry for the rambling... again I'm just really lost and really upset if somebody could offer some legal advice from personal experience or or something like that I would be greatly greatly appreciative..thank you so much for your time..
Bank Account Frozen for Old Child Support
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09-26-2014, 10:38 AMtat2dbeautifulBank Account Frozen for Old Child Support
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09-26-2014, 10:46 AMDogmatiqueRe: Michigan- Bank Account Seized/Frozen, for Old Child SupportQuote:
Quoting tat2dbeautiful
If you're referring only to the bank levy, he won't get notification that they're going to pull - doing so defeats the purpose since the NCP can very easily withdraw the money beforehand.
Your fiance is aware that he's X amount of money in arrears, yes? What has he done about that?
I do strongly suggest that if the amount taken is less than what he owes, that you separate your finances immediately.
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(To clarify, he'll receive notice soon - he just wouldn't be warned beforehand) -
09-26-2014, 11:20 AMadjusterjackRe: Michigan- Bank Account Seized/Frozen, for Old Child Support
Yes, it's legal.
It's never been up to her to collect.
It's always been up to him to pay.
That being said, there's one thing you might check on.
I don't know the details of Michigan bank account garnishment but, typically, from the day that the bank freezes the account there is usually an interval of perhaps 10 or 20 days before the funds are actually released to the creditor.
During that period you might have an opportunity to contest the garnishment, especially with regard to money that belongs to you and not to him.
There is likely a court procedure that you can avail yourself of to do this.
I found the following form on the Michigan court website for Objections to garnishment and request for hearing:
http://courts.mi.gov/Administration/...hment/mc49.pdf
There are other forms that might apply:
http://courts.mi.gov/Administration/...rnishment.aspx
You'll want to jump on this ASAP. Time is your enemy and I have no idea how much or how little time you have. Might be a good idea to consult an attorney if the amount is significant. -
09-26-2014, 01:04 PMtat2dbeautifulRe: Bank Account Frozen for Old Child Support
Sry, I was trying to post quickly...
I failed to mention, he HAS been making monthly payments, until a little less then 90 days ago, he had his prostate removed (cancer) and just recently went back to work... they WERE aware he would not be able to make payments for a few months.. he had been working of a 12g bill for a few yrs now..
My statement earlier should had mentioned, his ex wife had not contested the dollar amount he was paying in ten yrs (not that he hasn't paid in ten yrs)
And to top it ALL off the state even tried to deduct $ from his fathers buisness bank account (this account is tied to his dad/mom and siblings).. just cause his name is on the account... that don't sound right, is unspoken, but his siblings are ONLY on that account recently because his parents are in their 80s and for fear OF SOMETHING happens to them.... anyways, is it normal practice for the state to go after family business accounts? Even when there is absolutely NO Way for him to use the account without one of his parents going to the bank to sign for it (which hasn't happend even once).
Thnx for all the help :-) -
09-26-2014, 01:29 PMadjusterjackRe: Bank Account Frozen for Old Child SupportNone of that is a waiver of any of the amount of arrears that were due and payable the moment they were accrued.Quote:
Quoting tat2dbeautiful
But it's legal. His name is on the account. It's considered his money until a court says otherwise. I hope that the dad/mom and siblings took appropriate steps in court to object to the garnishment.Quote:
Quoting tat2dbeautiful
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09-26-2014, 01:56 PMDogmatiqueRe: Bank Account Frozen for Old Child Support
Does Michigan treat a garnishment differently to a bank levy?
Not that it really matters - I see no defense, even if "garnishment" and "levy" are used interchangeably.
Quote:
If you received a writ of garnishment (form MC 12, MC 13, or MC 52), you can object to that garnishment only if:
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your money is exempt (protected) from garnishment by law (see the list of exempt funds on the back of your
writ of garnishment form),
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you filed for bankruptcy and those proceedings are pending or the debt has been discharged,
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you have an installment payment order signed by a judge (form MC 15a),
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the maximum amount of money that can be garnished by law is already being withheld by another court order,
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you already paid the judgment in full,
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the garnishment was not properly issued (for example, it was issued on false information) or the garnishment
is invalid (for example, the interest, costs, or judgment amount are inaccurate).
You cannot use this form to challenge the judgment or because you are unable to pay the judgment.
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09-27-2014, 06:49 AMbudwadRe: Bank Account Frozen for Old Child Support
There are some inconsistencies in your nutritive and I don't think you know the entire story. Let's face it, it is your fiancé and the last thing he wants you to think is that he is a deadbeat dad on child support. Yes, I am in a somewhat sarcastic mood this morning but I mean no disrespect. Let me get my violin and play a short tune.
This is contradictory to your writing:Quote:
his daughter is in her mid twenties, and his ex wife has not attempted to collect child support in 10 years..
I can only assume from your posts that there was a court ordered child support that fell into arrears. At some point that support order ended since his daughter is now in her mid-twenties. So for him to have fallen so far behind, he was not making his payment as ordered.Quote:
he HAS been making monthly payments, until a little less then 90 days ago
There is now a judgment against him for the arrears and it is being collected.
And yes, there is probably a bench warrant on him to get him back before a judge to have him explain why he did not make his payments and what he intends to do about it.