If my boyfriend is already paying the max they can take for child support, can they still freeze his bank account for arrears?

He called enforcement and said he had not made a payment in 2 yrs. His check is currently being garnished after not working for one year. As soon as he found a job, granted making a lot less since he was out of work for so long he can only pay what is originally owed and cannot pay any arrears at this time. I am working 2 jobs just to make ends meet already, and with his position he already works 6 to 7 days a week 12 hours days. Not sure what else she wants from us? The only time he did not pay was the year he did not work.

Asked on August 31, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If this ever happens again - that he loses his job - he needs to understand that he can not just stop paying with an order in place.  He must seek a modification of the support order based upon a "change of circumstances" - his lost job.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a child custody order in place setting forth a set amount owed per month and a set amount unpaid in arrears, then it is entirely possible that the judgment creditor can levy your boyfriend's bank account for the unpaid amount which is in arrears and take as much that is in the bank account at the time to pay such off.

I suggest that your boyfriend enter into some written agreement with the "ex" with regards to payment on the arrearages on an monthly amount that he can afford so he does not have to worry about a bank levy on his assets.


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