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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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If a man owes back child support and is making weekly payments,

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If a man owes back child support and is making weekly payments, not remarried but has a joint bank account with his girlfriend does child support have the right to wipe out the accounts when the checks being deposited are in the girlfriends name?

Thank you for your question. Please permit me to assist you with your concerns.

I am afraid that the answer is 'yes', only because of one reason--since the bank account is 'joint' in nature, all assets within that account are considered to be equally owned by both parties regardless as to who ended up placing the funds within the account. Because this is no longer separate property but a joint asset, either creditor could pursue the assets within for payment of debt. By 'either' I mean that if the situation were reversed, the boyfriend would be the one who was making payments into the account, and the girlfriend was the one with the outstanding debt, her creditors could still legally pursue that account as full or partial payoff of the underlying debt. I am sorry, truly, but if the account is in both names, it is susceptible to such collection actions as in this situation.

Good luck.

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