Out of state, and checking account frozen.

Submitted by hijizejoz on Tue, 06/17/2014 - 18:50

Good day/evening/morning,

I am a sole custodial parent with some arrears.  I live out of state raising my child and my chld's mother has no rights. She has been ordered to pay a large sum every month that she doesn' t pay, but that is credited to my arrears. In any event, I'm out of work, a single dad, I missed a couple of the (small) payments that I am supposed to make even though I have full/sole custody, and at lightening speed, the domestic relations folks froze my checking account. There really wasnt much money in there, but what little that there was, I desperately need for summer child care expenses and what-not.  If anyone has been through the frozen account ringer with hardship, I would appreciate any suggestions you may have to get my funds back to my child.

Thank you so very much!

Assuming you've had your child for longer than six months, you should and can file for a change in venue to your county (your backyard.)  File a Transfer of Venue for both custody and support.  See UCCJEA and UIFSA laws in your state.  Ask for the court to reconcile the double accounting (in a sense but not in the strict sense.)  Perhaps a new court will have a new perspective on your situation.  


Have you tried making an out of court agreement with your child's mother?


In some states, accounts are only frozen for 30 days.  They are not indefinite.  Look into it for your state.

Good luck

Kindly see your email for my full responses.  I am quite happy with jurisdiction remaining where it is, and I have no intent to change it for the reasons I discussed. There are certainly disadvantages such as the theoretical possibility of an original action being filed for custody in PA that I would then have to respond to from out of state. (Given my unique circumstances) I find this to be a highly improbable scenario, and I accept this  calculated risk in maintaining the jurisdictional status quo.

"In some states, accounts are only frozen for 30 days.  They are not indefinite.  Look into it for your state."

Oddly, the bank is actually based in PA with no branches in my state. 

Wisely, I think I am going to invest a fraction of an hour to talk to my attorney about the more complex issues.  Thanks a million!