Can a Bank Account Be Garnished for Child Support?

At one time, if a parent failed to pay child support, the custodial parent was out of luck. The state would send plenty of notices to try to encourage payment, but with few results. Over the years, though, a combination of legislation and technology has made penalties much harsher on parents who don’t pay. In fact, nonpaying parents in the 21st century might find the money taken out of their wages and tax refunds. In more recent years, states have earned the right to take the money directly out of a nonpayer’s bank account, but there are things you can do if you fear this might happen to you.

When you’re ordered to pay child support, it is, in essence, a judgment against you. As with any legal judgment, it gives the courts the right to order funds to be taken from your earnings. The law varies from state to state, but courts have been reaching further over the years to make sure the custodial parent gets paid. One route many states are taking is to seize the money from a payer’s bank account.

The procedure for freezing your bank account varies from one state to the next, but state regulators usually won’t touch your account if you’re only a month behind. In Massachusetts, however, you won’t get much longer. Once you’re at least $1,500, or six weeks, behind on payment, the Department of Revenue can send a levy to the bank to take the money. The levy will remain until child support is paid, but the state will seize funds only in excess of $5,000. In Arizona, you’ll be given only $250 to live on unless you have other federally or state-exempt funding sources. But Arizona won’t continue to take money out after that initial seizure.

When money is taken from your bank account, you usually will know. States will send a notice that the garnishment will be taking place, in addition to any other late notices you’ve received. The procedure is to take the money and have the account-holder fight to get it back. If you’ve had money taken from your account, you should contact your local child support enforcement office to ask what you need to do to challenge the levy.

Of course, the best way to prevent garnishment is to pay your child support on time every month. Most states will allow you to set up payments so that they’re directly debited from your account. This will avoid missing a payment by accident. If you have a situation that prevents this, it’s always best to contact your assigned caseworker to see what you can work out. You may be able to prove that the levy will cause you undue hardship and stall the action for a time. Even after you’ve received a letter notifying you that your bank account will be levied, it’s best to find out if there’s something you can do to prevent it. You might find that you’re able to make small payments on the overdue balance and avoid more dramatic measures. In some situations, nonpaying parents can be put in jail for contempt of court for failing to pay. In some states, such as Maryland, your occupational license or driver's license can be suspended for non-payment of child support.