Do I need a lawyer to file Lien on financial institution for child support arrears?

[jlouise22]

Jurisdiction

Texas

I need to know if I am legally allowed to file a Child Support Lien on ex's bank account for unpaid child support arrears. (approx. 17 yrs worth) I have the proper forms and have studied the Texas Family Codes on how to do this, but when I went to his bank, they told me that they could only accept a Lien Notice from an attorney.
Is this true?

 

[mightymoose]

I believe what you need is a judgment. You will have to go through the court to achieve your goal.

 

[jlouise22]

I believe what you need is a judgment. You will have to go through the court to achieve your goal.

Thank you for responding.
According to Texas Family Code 157.312 (d) A child support lien arises by operation of law against real and personal property of an obligor for all amounts of child support due and owing, including any accrued interest, regardless of whether the amounts have been adjudicated or otherwise determined, subject to the requirements of this subchapter for perfection of the lien.

What I need to know is whether the law states that it MUST be filed by an attorney, or can the obligee file it herself?

 

[cynthiag]

I just did a quick Google search and this is what I found:

Child Support Liens in Texas

It sounds to me like you can do it yourself in Texas but it also states that the law is very technical and can be complicated and that you should contact an attorney to make sure you're doing it absolutely to the right way to be sure it will be honored by the financial institution.

 

[KatDini]

Was the ex ever court-ordered to pay child support?

 

[jlouise22]

Was the ex ever court-ordered to pay child support?

Yes, he was. He paid 16 payments of $20 a week ($320 total) then dissappeared. Our daughter was 1 year old when he left. AOG was not able to locate him, and closed the case when she turned 18. I have documentation of my searching for him throughtout the years and FINALLY found him. He is in the Dallas area.

I have acquired copies of his Birth Certificate, 2 bank statements with Account numbers, a letter fom IRS with his SS number, Driver's License number, Vehicle tags and VIN numbers (he has 3 vehicles registered in his name), a copy of his Social Security Administration Statement listing his entire work history and the amount of benefits he will receive when he retires, etc...

I've also acquired a certified copy of our entire case file from the Kaufman County District Court, where the Hearing took place, which contains the Judge's Order for Support, how much and when where to pay.

 

[army judge]

I've also acquired a certified copy of our entire case file from the Kaufman County District Court, where the Hearing took place, which contains the Judge's Order for Support, how much and when where to pay.

The Texas AG will try to collect the money for you for a small fee, as in almost FREE:

Child Support - Welcome to the Child Support Division

Give it a try, you have nothing to lose.

Kinda like Greyhound, take the bus, and leave the driving to us.

File with the State of Texas, and leave the collecting to the AG.

 

[zddoodah]

First of all, you do not lien a bank account for the reason you mentioned. Assuming you have an enforceable judgment for the arrears (which isn't clear from your post), you would serve a levy or garnishment (not sure which term is used in Texas). And you would not do it yourself. Levies are served either by the local sheriff or maybe by registered process servers. While it's possible that you could do all the paperwork yourself, you'd be far better off seeking the assistance of a local attorney or (as others have noted) the Attorney General's office.