Clanton, AL asked in Family Law and Child Support for Alabama

Q: Wife Closed Bank Acct Where Pmt Was Sent

My husband pays child support every two weeks and it was previously deducted from his paycheck (not because he was in arrears but for convenience) he lost his job so for the past 6 months we have mailed personal checks directly to Alabama child support office. His ex wife called today and said she closed her bank account (I was just about to mail the pmt!) She thought it was up to my husband to notify the child support office. I told her I don't believe they would let someone call on her behalf with new banking information or payment details. I am wondering if we should go ahead and continue to mail the payments to the state and they will possibly hold it in a special account?? I don't want to fall behind in the payments. Any suggestions or advice would be appreciated.

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2 Lawyer Answers
Shane Michael Oncale
Shane Michael Oncale
Answered
  • Birmingham, AL
  • Licensed in Alabama

A: Your instinct on this is absolutely correct. It is up to her to keep her banking information current with Alabama Child Support Collection. They can also send her a debit card that does not use her bank or a check and she can then do what she wants with the check. You can pay direct if you choose but then you have to keep track of the payments made and be diligent to respond should you ever be contacted by the Collections Unit. I have had many situations develop where someone will start paying direct and then a year or more later be contacted by collections and not respond thinking it is a mistake. Collections moves forward with assessing an arrearage and next thing you know there is a garnishment or tax refund seizure when money is not even owed. I would continue to pay through collections and let her deal with them on how she wants to obtain the money. I am sorry the children may suffer.

1 user found this answer helpful

Kristine Jones
Kristine Jones
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. Continue to pay the state directly, that is the only way credits are applied to his account. Do not pay her directly. When he gets a new job, that is when he is obligated to have the IWO begin again and garnished from his check directly. Best of luck!

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