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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111681
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband missed 4 payments of back pay support which

Customer Question

My husband missed 4 payments of back pay for child support which resulted in our bank accounts being frozen. We already went to court and the judge issued a continuance, telling us to get an attorney. We have a little over 10K tied up. She agreed that our arguments were legitimate, but said she didn't know of any way to help because she couldn't prove that DOR was doing anything illegal. A large portion of that money is from the ARMY disability payment, my money from state and federal tax refunds, and deposits from our business. We have had custody of the children and the mother is in county jail. Is there anything we can do? Can we at least get my money back? Can we file a motion for hardship? Is there any way to find a lawyer who could volunteer time to help? The case is out of Desoto FL.
Thank you!
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We cannot represent anyone from this site, that would require you getting a local attorney pursuant to state laws.
I am afraid that I do not understand the full situation either, did you go to court to file to change support once you got the custody of the children?
Customer: replied 5 months ago.
He obviously is no longer paying support, was just making payments on the back pay. The kids are in our custody, but we have not filed for support from the mother out of pity for her personal situation (drug addiction/jail). The DOR levied our bank accounts. He and I both have money in thise accounts. I know that they are not allowed to take my money. I just need to know how we xan get my money back or if there are any ways we can negotiate woth them?
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

If his name is ***** ***** account, the legal presumption is the money in the account belongs equally in its entirety to both joint holders of the account, so that is why they can levy the account. So, you have to file in court to waive those arrears based on you having the custody during that period of time they are seeking arrears for if that is the case. This is why the judge told you to get an attorney because they will need to file a motion for the return based on you having custody during that time. This is why people are told when there are child support issues with a spouse to keep money in separate accounts, because anything his name is ***** ***** fair game to be levied, since it is considered legally as belonging to both of you.