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? asked in Business & FinanceTaxesUnited States · 1 decade ago

Child support taken to offset account?

Hello. long story short, my husbands checking account was in the red due to identity theft. We went through all we had to with the fraud dept at our bank. They went and took my child support that is electronically deposited into my account weekly. Does anyone know if it illegal to offset with child support. I was under the impression that it was illegal to touch child support to satisfy any arrears. Any help or advice would be greatly appreciated as I am fighting a losing battle with the bank. Thanks

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  • WRG
    Lv 7
    1 decade ago
    Favorite Answer

    Money in the bank is co-mingled so the normal laws that protect child support from things like garnishments are not applicable. The bank doesn't track where money comes from when you have a negative balance they are just trying to get it back to zero.

    I would strongly advise that you open a new account and have any direct deposits sent there.

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