Can a Bank Account Be Garnished for Child Support?

Often, a state government will order an individual to pay child support payments to his spouse. These payments are intended to help the spouse raise the child through financial support. Unless the person is able to work out an alternative legal agreement, one approved by a judge, with his spouse, these child support payments are mandatory. A state may garnish the person's wages to collect them if necessary.

Child Support

When a judge orders a person to pay child support, the person will generally have an opportunity to argue why he should not have to pay this money. Unless the judge sides with him, the person will be held legally responsible for these debts. Once a person is held legally responsible for debts, then the state can take all of the collection actions available to a private creditor, such as garnishment.

State Debts

While garnishment may usually be done by private creditors, it can be also be done by the state. In fact, the state has more options when it comes to garnishment than private creditors. Whereas private creditors are prohibited from seizing certain types of income streams, such as government benefits, state governments often have the legal right to divert money from this income. Therefore, state debts are generally more threatening to the debtor than private ones.

Garnishment

Garnishment is only applied to sources of income available to the borrower, not assets. A creditor, including the state, can only garnish payments that can be anticipated, such as paychecks. In some cases, a garnishment order may be applied to a person's income tax refund, but generally garnishment can only be applied to income that is provided repeatedly. Therefore, a bank account cannot be garnished, but income streams directed at the account can be.

Bank Account Seizure

A bank account cannot be garnished, but it can be frozen. Just as a creditor can receive a garnishment order from a judge, it can also receive an order that allows him to freeze the person's bank accounts. When this order is received, the state can provide it to the person's bank, who will legally be required to prevent the person from accessing the account. In some cases, the state will then be able to take money out of the account.