seizing bank assets

[logisticschic]

My husband owes his lawyer money for a child custody battle. He pays the lawyer monthly (an agreed upon sum). Once in the past he got behind maybe 3 or 4 months and his lawyer seized all the money we had in our joint checking account - without any prior notification to him/us. I guess this is legal since it happened, crappy as it is. No legal papers that have to do with his custody battle or the monies owed to his lawyer contain my name - it had nothing to do with me.

My question: If I have an account in the same bank - only in my name - can his lawyer seize my assets if my husband gets behind again? I work, have my own income and pay my own bills and do not want to be put in the position of having no money to cover my payments.

Thanks.

 

[Theresagail]

No this is not your kid--- A Matter a fact you NEED to get an account in your name only, this way when he goes delinquent you are ok-- his accounts will get garnished but yours wont. However if he is real delinquent on child support and you two file taxes together they may take that $$ too. Just try and keep your finances separate Homes, cars, banking.

 

[logisticschic]

I know you said you were not a lwayer, but are you sure that legally the lawyer cannot dip into my account? Is there a website that you know of, that I would be able to find the exact Illinois law about this?

 

[Theresagail]

No I dont know of a website-- but i know that you have no rights as a step parent so why should you be responsible for child support? I am a step parent and I can make all the money in the world-- and my husband can make none-- they will go to him for the child support not me- because its not my kid and not my responsibility. there are others on this site that will respond too. Maybe they know of a website.

I do know when an account is garnished they can only attach to the account(s) the defendent is on-- They usually pull accounts up on SS# or name -- if his name or SS# is not on your account then the bank or the plantiff has no right to touch your account.

 

[lolbob]

Scary stuff, being able to touch your money in your bank account.