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My joint account as been seized by child support order. Court order is not for me, it's my boyfriend.

Portland, OR |

My taxes for me and my children have been accepted to the IRS. The refund is suppose to be direct deposit into that seized account. How can I stop/prevent my refund from entering that seized account and place into my sole-bank account. I have no order for child support, and I want to protect my taxes and child taxes from being taken. Should I contact the IRS immediately and are they able to stop this transaction from happening? PLEASE ADVISE, DESPERATELY IN NEED OF HELP! Thank you!

Attorney Answers 4


  1. Short-term answer: Call or visit the bank each day to see if the IRS has deposited your tax refund. [In my own experience, if you filed electronically, you will receive the $$$ within 2 weeks.] When it has, rush to the bank, take ALL the money out and close the joint account. Open an account JUST in your name. Long-term answer: don't own any assets jointly with this deadbeat. BTW, I have never known Oregon Child Support Enforcement to garnish bank accounts. Either your boyfriend owes a LOT of past due child support and/or he rarely has a job where they can attach his wages. Attaching wages & the payor's tax refunds is the normal way CSE collects $$$ from chronic deadbeats. To reach this point he has ignored MANY attempts by CSE to set up payment plans. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  2. This question was just asked and answered in this thread: http://www.avvo.com/legal-answers/virginia-fairfax-child-support-agency-placed-a-leg-1121307.html

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  3. If your account has been seized for a support order that is not your obligation, then you should hire a lawyer to get that undon. Diane Gruber gave you excellent practical advice about checking the bank and taking the money once it is deposited.


  4. I suggest you try to change the account that the IRS deposits your refund into. By allowing the money to get deposited, you run the risk of losing the money if the account is garnished again.

    My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com

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