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Ruling: OK to seize gift money from inmate for child support

Posted at 7:30 AM, Oct 31, 2018
and last updated 2018-10-31 10:30:37-04

A court ruling says the state Department of Economic Security can seize money given as a gift to a prison inmate who owes child support.

The Court of Appeals decision Tuesday turned down inmate Jose Torres' appeal arguing that the seizure was illegal because the $90 seized from $120 wired to his Department of Corrections inmate account by his mother as a Christmas gift in 2016 didn't come from work wages.
The decision says the seizure was allowed because the gift by Torres' mother fell under a state law permitting certain seizures of "lump sum payments" and that the money was fair game once it reached his inmate account.
The decision upholds a Maricopa County Superior Court judge's ruling and says Torres owed over $20,000 in back child support.