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Response from CS caseworker

His response: 

I reviewed this situation with our Attorney. 401ks are an area that the department has very few options when considering case enforcement.

Statute does not allow the department to require any party to liquidate an asset where any penalty would result; therefore we may not levy, or issue a writ against a 401k.  We can however issue a bank levy or writ once funds are deposited into a bank account. Timing would be an issue for actual successful bank levy. I will wait a week and issue a bank levy for the balance due on your support case.  As you indicated below, if he does not deposit the funds in his account, we may not have other options but to continue with the standard enforcement measures.

 

So I am hoping that SD will be forced to deposit the check, and a hold will be placed on it, at which time it may be collected via levy.  We'll see what happens. 

 

 

 

 

 

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Re: Response from CS caseworker

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    I hope everything works out for you and they are able to collect from his bank account.

    It would be awesome if they could put a dint in the huge amount of CS SD owes you!

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    Hopefully he's stupid enough to deposit the money!
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    What are the normal bank rules for cashing a large check?  Do they require you to deposit it first and let it clear before giving you the funds or could they just cash it on the spot?  It would definitely be helpful in this case if they would make him deposit it which would let the levy kick in.

     If you are successful, do you think he would try to retaliate somehow?  That's what I'd be nervous about.  My ex is crazy though and would probably slash my tires or break my windshield or something. It would sure be nice to be able to get that electric bill taken care of though.

     

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    imagecautionwillburneyes:

    What are the normal bank rules for cashing a large check?  Do they require you to deposit it first and let it clear before giving you the funds or could they just cash it on the spot?  It would definitely be helpful in this case if they would make him deposit it which would let the levy kick in.

     If you are successful, do you think he would try to retaliate somehow?  That's what I'd be nervous about.  My ex is crazy though and would probably slash my tires or break my windshield or something. It would sure be nice to be able to get that electric bill taken care of though.

     

    I worked at a local bank for a little over a year.  It depends on every person's circumstances but I'm positive that SD doesn't have a balance in any of his accounts (otherwise it would have been seized already).  So my guess would be that they won't cash it, and will make him put it in his account with a hold of at least seven days.  Hopefully the levvy will kick in at that point in time.  But it's all a long shot.

    Retaliation, I don't think he would.  He would have no proof that I was the one who found out about all of this.  Basically it would be an account levvy that was just waiting for a deposit to come in because he has back child support owed.  I never knew a thing about it but, it sure was a pleasant surprise to get some overdue CS. 

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