Could Child Support Enforcement Freeze Your Bank Account or File a Lien?
Could Child Support Enforcement Freeze Your Bank Account or File a Lien?
When a parent is ordered to pay child support, enforcement actions can be taken if payments are not made as stipulated. This article explores the mechanisms employed by the Department of Child Support Services (DCSS) and private parties to ensure that child support orders are fulfilled, particularly focusing on the likelihood of a bank account being frozen or a lien being filed.
Enforcement Measures by the Department of Child Support Services (DCSS)
When the DCSS is involved in a child support case, they have a variety of methods at their disposal to enforce support orders. These methods can include:
Taking Driver's Licenses: If a parent has arrears in child support, the DCSS can revoke their driver's license as a form of enforcement. Intercepting Tax Refunds: Tax refunds can be intercepted to offset unpaid child support. Filing a Contempt Action: This legal action can result in criminal penalties for the non-compliant parent, though there are numerous opportunities for the parent to pay before facing criminal charges. Filing a Writ of Attachment: This method involves the DCSS "snatching" any money in a parent's bank account that is not more than the amount owed, effectively freezing the account. Wage Assignments: Private parties can also file a wage assignment, which means a specific amount of money is taken directly from the payor's paycheck to fulfill the support order.It is important to note that wage assignments are the most common method of enforcement, and wage garnishment is the second most frequent, followed by bank account freezing. Each of these methods aims to ensure that the child support order is followed.
Private Party Enforcement Actions
Private parties, who are individuals or entities not directly involved in the child support agreement, can also file a writ of attachment. While I have never personally seen a financial account frozen, this method has been employed effectively to recover owed child support.
The process works as follows: The private party or the DCSS notifies the bank of the child support order and the specific dollar amount required for enforcement. The bank then places a hold on the account, typically the next business day, and withdraws the specified amount. Any subsequent withdrawals or checks are likely to incur significant fees.
Debt Recovery Methods and Preventive Measures
While these methods can be effective, it is essential to understand that they are only used as a last resort. As long as a parent is fulfilling their obligations as specified in the court order, there is no reason for the DCSS or private parties to take enforcement actions.
Certainly, if you are behind in child support, the most important thing to do is to communicate with the DCSS or the party enforcing the order. Hiding or avoiding them will not solve the issue and can lead to more severe consequences. It is always better to cooperate and seek to resolve the issue as soon as possible to avoid further complications.
Conclusion
Understanding the enforcement methods and preventive measures can help parents navigate their child support obligations more effectively. By staying in compliance or promptly addressing any issues with the DCSS, parents can avoid the additional stress and potential financial penalties associated with enforcement actions.