2006-11-06 12:45:01 · 13 answers · asked by whoamihere32 2 in Family & Relationships ➔ Marriage & Divorce
I don't think my wages can be included in child support calculations for his prior marriage, but can't find anything that says one way or the other.
2006-11-06 12:48:34 · update #1
Yes and they can garnish his wages too and if you are married then you better get a separate account because as long as his name is on it they will take it and they will also take your fed tax return until all the back child support is paid. trust me i know because i went thru the same thing.
2006-11-06 12:49:49 · answer #1 · answered by twinki 2 · 1⤊ 0⤋
It's my understanding that the paycheck is solely hers until she places it in a joint account, or makes a joint purchase with it. If you have a case worker with the DA, I would recommend asking him/her to verify that a garnishment for his wages is in place, as well as a garnishment of his (or their joint) annual tax refunds. If he is extremely in arrears, a lawyer can petition the court to put a lein on their joint assets (the house, car, etc.). My aunt did this to her ex-husband some 15 years ago, because he began working 'under the table' to prevent paying child support. They could garnish her paycheck for their joint federal taxes due, or a lawsuit filed against them both... but for his fines/support/etc, she's not liable until she puts that paycheck in the bank. She could cash every pay check to prevent it ever hitting a joint checking/savings account. I wish you the best in getting him to help out.
2016-05-22 05:42:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If it's a joint account, YES, since it's as much yours as it is your husbands. If it's your individual account, MAYBE - on the one hand it's just your money and not his on the other hand you are his wife, and your assets are considered to be held in common, even if they are nominally seperate.
Check with a lawyer.. but, if it's a joint account, you will DEFINITELY be at high risk of garnesheement.
Beyond that, she is legally and morally entitled to get child support, since that is his kid, and he should be paying support no matter how much he dislikes his ex wife.
2006-11-06 12:49:43 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Only if you have a joint account or the ex has filed to include you in the case.
2006-11-06 13:19:48 · answer #4 · answered by gizbit76 2 · 1⤊ 0⤋
Just make sure your account is in your name only and he has nothing to do with it,and when you file your taxes if together you need to file an injured spouse form so they want take your part of your tax refund if you work.
2006-11-06 12:49:13 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I have never ever heard of that happening to anyone. Is his name on the acct. also?.....I know they can garnish wages...but I think only the IRS can garnish/hold bank acct.s
2006-11-06 19:58:12 · answer #6 · answered by Lrn'dTheHardWay 3 · 0⤊ 0⤋
I don't know about bank accounts that are in your name alone, however, those that are joint accounts and federal income tax yes. Good luck and God bless
2006-11-06 12:48:03 · answer #7 · answered by ? 7 · 1⤊ 0⤋
I believe his name would have to be on the account also. And it depends on which state you live in.
2006-11-06 12:48:43 · answer #8 · answered by Gem 7 · 1⤊ 0⤋
If the accounts were yours before you were married, no so long as his name is not on them.
2006-11-06 12:47:30 · answer #9 · answered by kny390 6 · 1⤊ 0⤋
yes it can if he is also on the account or if he put the account number down on the paper work.
2006-11-06 12:51:28 · answer #10 · answered by army_boy0636 2 · 1⤊ 0⤋