My husband is behind about 3 months. He works in the oilfield so he has had a hard time finding a job. He has started paying in again with his new job but just this week we got notice that our account was neg almost $6000. He tried to set up payment arrangements with DHS over the phone but they wouldn't let him. The bank says DHS did this. DHS tells us to write a letter but does not state what we need to include. Do I need a lawyer?
There may be several approaches to the problem you described. Hopefully another attorney with more experience with child support and DHS procedures will respond with possible solutions from that angle.
With respect to the bank account, since it is a joint account and presumably some or even all of the funds in the account are actually yours, the funds cannot be taken without notice to you and an opportunity for you to object. Objecting that they are your funds and, therefore, not subject to levy for your husbands child support obligation is one possibility. Of course, you will have to prove the source of the funds (for example, your deposits of your paychecks into the account). If you were not given notice and an opportunity to object, you can object on that basis, too.
Going forward, the simplest solution may be to open another account in your name only and only deposit your separate funds into that account.
I agree with the prior answer regarding use of funds from a joint account to further a garnishment. Before a garnishment can commence, the bank has to send you notice of the garnishment and a chance to claim exemptions. For child support, the procedure is a little different, but they should have given notice of some sort. I can tell you this much, writing a letter as a pro se party (no attorney) will move at a snail's pace with OKDHS. Half the stuff I send them as a lawyer gets lost somehow. I strongly recommend that you retain an attorney to handle negotiation of an arrearage payment plan. In all candor, it will be tough to get the money already withdrawn back, so I would be suspicious of someone promising that. You will just want to get a plan in place so that surprises like this don't happen in the future. It will also be important to make sure OKDHS has the correct arrearage figure. They only keep track of payments made through them, and they often take only one side of the story.
With a lawyer you may want to file for a determination of any balance or over-payment and request entry of a payment plan and immediate relief from the levy. We have successfully had a levy lifted after providing several months of bank statements showing the relative lack of funds going into the account and the parties need for that money to have housing, transportation, food, etc.
They may reach agreement to lift the levy and to provide you with a record of payments if your attorney shows you are paying and not hiding money.
A modification of the amount of current child support may be justified with oilfield jobs being harder to find.
The sooner that Motion to Modify the amount of support is filed, the sooner there will be relief from obligations that are not based on current income and other realities.
