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  1. #1
    Join Date
    Sep 2016

    Default Bank Account Levy After Setting Up a Payment Program for Arrears

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

    Almost 6 months ago, my ex was awarded a money judgement for child support arrears. No monthly payment for arrears was ordered. My ex used the money judgment to establish an income withholding order for 50% of my wages and also obtain a writ of execution to levy my bank accounts. She tried to levy my bank accounts at that time, but I didn't have a consequential amount of money in my accounts at that time.

    I didn't like 50% of my wages being garnished or my bank accounts being subject to a levy so I went back to court and got an order that established a specific arrears payment. I am required to pay $500 per month towards arrears each month. Like the order implies, I believe the court determined my ex is only entitled to $500 per month for arrears. Of course I could choose to pay more, but that would be my choice. My wages are now being garnished for the base child support and the additional arrears. All was relatively well.

    Unfortunately, as far as the sheriff knows, they still have a Writ that's valid for 180 days. Just before the Writ expired my ex decided to request another levy and it was really bad timing (rent check outstanding, etc...). I was literally left with no money. I get paid once a month and I have a ways to go before I get paid again.

    My wages are already subject to garnishment for the arrears. I believe I have a valid claim of exemption and my ex shouldn't get those funds. But that process will take months.

    It just so happens that on top of my base child support, I am required to pay 15% of any overtime earned. I am working a lot of overtime right now and my paycheck later this month will have a lot extra. The base CS and arrears are garnished automatically, but I would have to write a check for the overtime.

    From an accounting standpoint, each month I owe her: Base CS + $500 for arrears + 15% of any overtime. The amount taken in the levy exceeds the amount that I will owe her for overtime. Whether it came via a bank levy or a personal check, I think I can consider that amount paid. Does this make sense?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Bank Account Levy After Setting Up a Payment Program for Arrears

    You can attempt to recover the money, or ask to have the garnished amount applied to your agreed payments, through the court that issued the garnishment order and payment plan.

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