Can child support take money from my bank accountif itcame solely from student loans?

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Can child support take money from my bank accountif itcame solely from student loans?

The only money in my account was deposited in the form of a government student loan check and was garnished by the family support registry. Can I get this money back?

Asked on January 26, 2011 under Family Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Any monies in your account are fair game for child support. The bottom line is there is an overwhelming public policy to ensure minor children are properly taken care of (and that includes economic support) over your privilege (not right) to pursue an education as an adult.  In other words, if you were to go to court to attempt to have these monies returned, you may run out of luck.  What you can do, however, in an attempt to ensure something like this doesn't happen again, is talk to the prosecutor who handles child support and back child support matters and see if a payment plan can be set in place to help you pay while you go to school but not risk all of your money be garnished.  The other option is to run the risk you may be jailed, your license taken away and kicked out of school for failing to pay back child support. If you have defense counsel, try speaking with your defense counsel about your options.


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