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Unclaimed Funds

Started by BizyLizy, May 15, 2004, 10:20:12 AM

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BizyLizy

Facts:

1.  Jurisdiction is in Texas; all parties reside in Texas
2.  Non custodial mom is about $8,000 in child support arrears
3.  February 9, 2004: Enforcement Hearing / Result: She was put on five year probation by the Court in effort to enforce cs order
3.  NC mom has been paying consistently for about 2 months now.
4.  We just found out that NC mom has about $2,000 in unclaimed funds, being held by the State of Texas (was reported in 2000) from an insurance settlement.  She is not aware of this.
5.  State of Texas claims to intercede Federal & State funds owed to the ncp, if they are over $5,000 behind in child support to offset the arrears.

Questions:

1.  If a claim was filed by the ncp to obtain these funds, would the state intercept & forward funds to offset cs arrears & issue payment to cp?

2.  If not, is there anything the cp can possibly do to intercept (like file a lien against the ncp)

socrateaser

>1.  If a claim was filed by the ncp to obtain these funds,
>would the state intercept & forward funds to offset cs arrears
>& issue payment to cp?

I would ask the state Child Support Enforcement agency first, as they get federal matching funds for every dollar collected.

If that doesn't work, come back and we'll talk.