How to Freeze Bank Accounts for Child Support
Successful child support collection involves a comprehensive approach. A variety of tools and resources can be used to collect child support, particularly past due child support. These include wage, tax refund and bank account garnishments. In order to accomplish a bank account garnishment (or to freeze a bank account), a court order is required. There are specific procedures to be followed in order to freeze a bank account and apply those funds to a child support obligation.
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Instructions
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Prepare a motion to freeze or to garnish bank account. The court clerk likely maintains samples of form motions. Obtain such a sample or form to use in preparing your own motion.
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Attach a copy of the child support order to the motion.
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Add, as an exhibit to the motion, a statement with the current child support account status.
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File the motion with the clerk of the court. The clerk will provide the date and time for a hearing on your motion at the time of filing.
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Send a copy of the motion and notice of the hearing to the other parent with the child support obligation. The motion form from the court clerk includes a paragraph in which you verify the name and address of the other party and the date you put the document into the U.S. Mail, first class postage prepaid.
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Appear at the hearing and present your case to the court. Assuming you appropriately demonstrate the past due child support obligation and the need to take further steps to collect, the judge likely will issue an order to freeze or to garnish the bank account.
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Tips & Warnings
Collecting child support, particularly past due child support, is challenging. Therefore, if you desire to redouble your efforts to collect past due child support, including obtaining a freeze or garnishment on a bank account, consider retaining a qualified attorney with experience in child support collection.
Move quickly to freeze or garnish a bank account. A person with a child support obligation can close an account before an order is issued. If that occurs, the judge can require that individual to provide detailed information on his finances, including the location of bank accounts.
