Can a state legally remove money from my checking account for a debtwithout notification?

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Can a state legally remove money from my checking account for a debtwithout notification?

I owe the state of CA around 40K for child support. Today we found out that our bank is transferring at $1100 a month to CA at the state’s request. It may be more. I was not notified. I am currently paying towards the debt through payroll deductions at the level ordered by the court. This withdrawl is in addition to the amount being taken from my check. With the advent of my wife’s promotion, we had planned to start paying $1200 a month to this debt with a planned pay-off within 3 years. So this is not a huge financial surprise but I would have liked some notification.

Asked on September 17, 2010 under Bankruptcy Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You were notified because you were ordered through wage garnishment you were on notice of what is going on with this matter.  California is the toughest state on back child support laws.  Many say it coined the term used for parents who refuse to pay child support.   That being said, if you feel the court ordered check (wage) garnishment was only what you were required to pay to satisfy all legal proceedings, then you need to contact the court and file a motion to amend the order or contact the prosecutor's office and find out why you are essentially being double garnished. 


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