Joint Bank Account with Husband Has Levy Hold

Updated on November 15, 2010
K.B. asks from Fremont, CA
19 answers

Today i went into the bank to make a withdrawal and was told there was a levy hold (child support), though my husband name is on the account he has never used his share nor ever deposited or cashed any checks in the account. How can i get the my money back or what shiudld i do. The bank said at this time i cant close or take him off the account even though im the head person on the acoount. The levy is from a child he has from a previous marriage. Can someone please give me advise on this matter, im hoping someone has experienced the same or hefully theres someone thats employed with the bank that has knowledge in this matter

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So What Happened?

Thanks for all your responses. I went in to speak with the manager whom informed me that im unable to close the account or take my husband off until the levy was withdrawn, but advised me to open a new individual account as myself as the sole carrier, so i did. It turned out my husband only owes a little under $2500. So i opended a new account without his name of course. Thanks again to all

More Answers



answers from Boca Raton on

A person irresponsible enough to let a situation get to this point is also irresponsible enough to have you suffer the consequences right along with him/her.

It's hard to believe he didn't know this could happen, but perhaps that is the case.

Regardless, if it were me there would be a new bank account and a new policy on how we handle our finances.


8 moms found this helpful


answers from Boston on

As a mom that also relies on child support please make sure he pays it! If my hubby had children from a previous marriage and got that behind in child support I would be seriously questioning what he is doing with that money every week it has to be going somewhere! You probably can't do anything until he pays what he owes so go give him a good swift kick and tell him to stop being a dead beat! Did you know he was that far behind? Him not paying is hurting an innocent child.Don't men realize that their stupid adolescent ways of attempting to get back at the ex generally hurts the child more?!

Sorry but you really hit a nerve with this question! I hate dead beat dads that do not take care of their kids!

8 moms found this helpful


answers from Lynchburg on

Dear Mom 2 b-

Speaking as a mom who relies on child support ffrom my ex for my minor children...PLEASE do what you can to see he pays it!

At the time of my divorce (2005 it was final), all seven of our kids were minors. We have been in and out of court because of his non payment. He has since re married. I know his new wife is aware of this. You have NO idea how it breaks my heart that their father is remiss. You have NO idea how difficult it is to explain to the now four kids at home that we cannot afford something (and NOT bash their father vehemently).

The $$ he has had to spend on lawyers for NOT paying...would have gone a LONG way had he just paid.


This is a real trigger for me...sorry for the vent


7 moms found this helpful


answers from Boise on

Well, if he pays the support, the hold will be taken off. Why isn't he paying the support?

6 moms found this helpful


answers from Phoenix on

I don't know anything but i'd start using another account. He should probably pay his child support, ya think, it is usually court ordered...

6 moms found this helpful


answers from Houston on

It doesn't matter if he's never used the account or not...his name is on it and he apparently owes unpaid child support and it is seen as funds he has available to him. They can also take your tax refund if y'all get one and that will probably be the next step. Unfortunately, once you marry him many of his liabilities become your liabilities too.

How far in arrears is he? Get what he owes paid and then get him off the account...just give him rights of survivorship on the account...not signing rights.

I would be consulting with a lawyer.

5 moms found this helpful


answers from Washington DC on

I would get my OWN account if he is not paying his child support. Well, I'm not sure I'd be even remotely okay if he wasn't paying for his own child. But I would get my own account that his name is not on so this does not happen to you again. Good luck!

5 moms found this helpful


answers from Charlotte on


4 moms found this helpful


answers from Topeka on

He need's to pay what he owe's regardless he must owe $$$$ to his child...Open an acount for yourself only, let him deal with his unpaid child support issues..
Why didnt you speak to the bank while you where there to get everything clairfied that would of been the first & foremost thing to do then come home give him the low down with a swift kick in the a- -....Good Luck a child should never be without $$$ owed or Love to him/her after failed relationships..
I hope he doesn't do this to you then if it does you'll see where his $$ goes & why he doesn't pay his dues...Hope this child get's what is owed the ex wife can get what the child need's...

4 moms found this helpful


answers from Minneapolis on

He's on it and they will use the time granted by the hold to investigate the origins of withdrawals and deposits. It is his obligation to get that child support paid right now. When that levy is lifted, it is your job to get his signature removed. You can ask to talk to the head of the bank's Compliance dept. about your current situation.

4 moms found this helpful


answers from Dallas on

nothing you can do at this point, his name is on it and you are married... these are the kinds of things that happen if child support or debts of other natures are unpaid... at this point, all you can do is open a new account, in your name ONLY, for future use. good luck, and if you have children with him, i hope you don't become the next ex-wife going to such extremes to have your child cared for financially.

4 moms found this helpful


answers from Johnstown on

I used to deal with this all the time with a job I held at a real estate settlement company. At this point in time, you're going to have to open an account with just your name only on it. What happens in our state is that the money that's in your current joint account is frozen and you won't be able to access it until his childsupport is brought out of arrears. You will also want to heavily consider filing separate tax returns this year as well, even if you're married & would get a better return by filing jointly. ANYTHING you have that has money or a value to it can be attached and/or garnished and/or levied...including selling a home and/or buying/selling a vehicle. It's totally unfair, but unfortunately, this is what happens when childsupport goes unpaid. Praying this all gets resolved soon!

3 moms found this helpful


answers from Minneapolis on

Well, I know it is bad but once he works out a payment agreement, you can ask the state to release that levy as they can not hold money that is used for bills. A payment agreement to thee state has to be made first. So, I sure hope you are not depending on that money for survival at the moment. If you have any direct deposits to that account, you should stop them immediately. There is no way to take his name off of it for now. Now, the second issue is you need to find out if they have placed a lien on your home. Most times when a levy and liean is placed on an account, they will many times place one on your home as well. If you are living in the state or working in the state where the levy was placed/debt owed then also note they will be capturing your state refund as well. Your husband had to get a number of notices in regards to this prior to the levy being placed. Just too bad he did not share that information with you! Just also note, the amount of the levy is for back child support. If the child's mother wants to she can go after back support as well as current support and actually garnish one or both of your wages. There is nothing the bank can do to go against the State Revenue Department. Also note that this levy has and will go on your credit report and therefore your credit score is now in the toliet. If he has used/not used the account doees not matter in this case. I would suggest you call the Revenue Department and talk to your case worker. They will have you fill out a ton of paperwork and you will need to provide a ton of information if you want to prove you need the money in the account. If it is an "extra" account; I would just let the levy sit and try to make payments. I know it is not fair, but it too will pass. Remember when you marry you marry the debt as well. As Suzzie N. would say, to find out a persons finacial status is as important as finding out their health status. You get it all... Here is a (((HUG))).

3 moms found this helpful


answers from Houston on

You cant do anything, you would be well advised to put things in your name, and open your own account to put money in from now on. The only person that can levy things solely in your name (not his at all) is the i.r.s.. so make sure he has those affairs in order too. His tax returns should be going to his ex wife anyway, to make up the gap in child support. In other words.

Cover your a#@

With a man who owes child support, it is reasonable to assume he owes other debtors as well. Sure life can get hard, but when child support is not getting paid and it gets to the point of a levvy, there are probably other debtors looking for a piece as well.

3 moms found this helpful


answers from Dallas on

Several people mentioned them taking tax returns - just to clarify you can file jointly as an injured spouse and they will hold your portion (income & taxes paid) separate from his. Of course if you are a SAHM this doesn't apply, but if you have a job you can file for injured spouse relief.

2 moms found this helpful


answers from Bakersfield on

I would open a new account and don't look back. You will have to wait for him to settle the child support dispute before you will be able to access that account again.
You might be able to do a "civil suit" on him in order to regain the long as you can prove that all monies in that account originated from you and you only.
Have you talked to the bank president? He/she would know what your options are for sure.
Make sure instantly redirect any direct deposits and auto pays that are connected to that account.
You are seeing the power of the govt seizing your money and you with no options but to comply. It sucks for sure.

2 moms found this helpful


answers from Pittsburgh on

Open your own account at least until he gets his responsibilities settled.

2 moms found this helpful


answers from Tulsa on

When the new year starts and it comes to tax season please have a professional do your taxes and you claim "Injured Spouse". That way the child support enforcement can't hold all your income tax refund for back child support. They can and will hold the tax refund and take it all if you don't. This way you'll at least get part of it back.

I became disabled during my senior year at University and had to drop out right before graduating with 2 different Bachelors degrees and starting my Master's program. I have not been able to get on SSDI or anything but still have outstanding student loans and they take our income tax every year. My husband files "Injured spouse" every year and he gets all the income tax refund since I am unable to work.



answers from Oklahoma City on

Remember there is always two sides to every story. My son had sole custody of his daughter from the time she was 9 months old till she was 4. The Mom came after her and the courts awarded her custody. She was also awarded back child support from the time she was a newborn till now. The daughter is 11. Now my son is $12k in arrears in child support. Unless he can come up with $8k to pay an attorney he is stuck!!!! He produced documents of daycare recp't and all money he had paid while she was with him. This did no good in our court system.

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