My husband and I opened a checking account last month, so that my 7 year old's SSI check could be direct deposited. Well last week we received a phone call from the bank stating that the account had been frozen by child support. Can they freeze that account? The only thing that account is used for is my son's SSI check and that is the only account we have.
By Tina from Chouteau, OK
I would assume they are working within the law. I'm sure that SSI check doesn't get used strictly for your child. I know people that put that into the "kitty" with all the other income and when all the necessities are paid, anything left over is used for miscellaneous. Who owes the child support, you or your husband? If it is your husband, you should have opened the account in your and your child's name. However, I would check with Social Security.
Why not call the child support people who froze the account and ask why it was frozen and what needs to be done to unfreeze the account. Then I would search for what my alternatives would be to correct the situation if the child support people aren't forthcoming. It appears there is more to this story involving child support than you have written.
It is against the law in Oklahoma and elsewhere to freeze an SSI account or to sue against an SSI check. But you have to have the account name entered properly. If this account is for your son's benefits only, the account should read in the representative payees name for the recipient. For example: John or Mary Smith for James Smith.
The bank should be able to tell you too cause they could not do it without an legal court order.
If child support is owed, they will freeze assets until it's caught up.
Call the bank and Social Security. Legally there was some kind of notice given that freezing of assets would occur because of back support delinquency and the notice was ignored. :-( I agree with another poster that the whole story has not been given here.
I got a lot of responses from people on my question. And the answer to my question is no they could not take my son's SSI check. And for there being more to this story. Well there is. The child support office didn't do there job right. They tried to take money on a child support case that had closed back in 2003. If we wouldn't of filled out the paperwork that needed to be filled out. My husband would be paying it again. Now we have our son's account open again. With just my name and my son's name on it only.
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