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  1. #1
    Join Date
    Sep 2016

    Default Does an Order That Specifies a Monthly Payment Toward Arrears Prevent a Bank Levy

    My question involves a child custody case from the State of: CA

    Long story short: My ex was awarded about $24K in support arrears. It was requested, but the judge declined to make a monthly payment order at the time the arrears were granted. With no monthly payment specified, my ex got an earning assignment to garnish the federal maximum (50%) and she also got a writ of execution to levy my bank accounts.

    She levied my accounts 3 times before I was able to get back to court and a monthly payment toward arrears specified. At the hearing I asked the judge if the bank levies would stop now that a monthly payment was ordered. The judge was surprised there had been levies and told my ex that she shouldn't levy my accounts anymore, but that didn't end up in the order.

    Can she still levy my accounts?

    I know she has the ability to do so because the Writ of execution still exists and she would just have to request that the sheriff serve the document on the banks again. But would the existence of the monthly payment order be enough to reverse the levy?

    Is it possible to have the writ cancelled?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Does an Order That Specifies a Monthly Payment Toward Arrears Prevent a Bank Levy

    Your ex- can't magically levy accounts. If she were to levy the accounts herself, she would need an order of levy from the court that awarded the support -- no surprise to the judge, there. If the child support agency levied the account, then it would have obtained a court order -- and again, there would be no surprise to the court.

    If the court issued a writ of execution but does not want further levies to occur, it is odd that the court did not revoke the writ of execution.

    Perhaps you omitted some important facts from your narrative.

  3. #3
    Join Date
    Sep 2016

    Default Re: Does an Order That Specifies a Monthly Payment Toward Arrears Prevent a Bank Levy

    My ex had a writ of execution granted within two weeks after the arrears were ordered. My understanding is that a writ of execution should not have been granted until at least 30 days had passed. We were back in court to get a monthly payment ordered soon after their ears were granted, I think the judge was just a little surprised that my account had been levied twice in such a short of time. I should have left that detail out, it wasn't really pertinent to my question.

    "Revoke the writ of execution" is the phrase I was missing from my question. A big part of the reason I went back to court was to stop the bank levies, I did not realize it was something I had to explicitly ask for. Would I need to go back to court to specifically request that the writ of execution be revoked?

    I know my ex was able to get a writ of execution without a hearing by simply providing a copy of the approved arrears order. Does revoking a writ work in a similar way? Does a monthly payment ordered preclude a bank Levy?

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