Can Child Support Be Taken from My Joint Bank Account?

Child Support

Can Child Support Be Garnished From Your Bank Account?

When a parent skips child support payments in Texas, the local child support agency takes action and usesĀ various enforcement tools.

Such enforcement tools include:

  • Wage garnishment
  • Driver's license suspension
  • Credit reporting
  • U.S. passport denial
  • The intercepting of tax refunds
  • Property liens
  • And the seizure of funds in the parent’s bank accounts includes the funds in joint bank accounts.

It is common for engaged couples, married couples, business partners, parents, and children to open joint bank accounts. If two people, whether married or not, open a bank account and one of those account holders falls behind on their child support payments, the funds in the joint bank account can be taken to pay off their child support arrears.

We often see this when clients have remarried and opened a joint bank account with their new spouse. Typically, a parent falls behind on child support, and one day, they notice that the funds in their joint bank account have been seized for child support. Usually, this doesn’t go over well with their new spouse, especially if the funds seized came from the new spouse’s earnings.

TheĀ Law Firm of Johnson & Gaskill PLLC is here to help with your family law needs. Contact us at (832) 210-1698 for a free consultation.

Can Child Support Take Money From Your Bank Account Without Permission?

Yes, child support agencies can take money from your bank account to collect overdue payments.

However, they must first obtain a court order. The court order instructs the bank to remove funds from the account until the judgment is collected.

The agency is not required to notify you before taking action.

How Can Child Support Agencies Garnish Wages?

Generally speaking, for a child support agency to garnish a parent’s bank account, the child support agency must first obtain a court order, which instructs the bank to remove funds from the account holder’s bank account until the judgment is collected.

In effect, the account holders may not be able to access any of the funds in their bank accounts until the garnishment has been completely satisfied.

Which Funds Are Exempt From Child Support Garnishment?

Some funds, however, are exempt from garnishment, and these include:

  • Supplemental Security Income (SSI)
  • State assistance for low-income families
  • Veterans benefits
  • Unemployment benefits
  • Student loan funds
  • Public assistance funds
  • Pension payments from the U.S. government
  • Child support is paid to the account holder, who is not liable for child support

If your joint bank account has been garnished for past-due child support and you need legal assistance with the garnishment or a child support modification, we can help. To get started, contact the Law Firm of Johnson & Gaskill PLLC at (832) 210-1698.

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