Is my income included when his payments are calculated. Can my money be garnished if he's unable to pay for some reason? Has anybody been involed in this situation? I could really use the advise!!
2007-01-30 11:39:13 · 12 answers · asked by real 1 in Politics & Government ➔ Law & Ethics
Typically child support is deducted from separate property if you live in a community property state. I'm not sure what the rules are if you do not, but I would assume that if he defaults on child support, that eventually, the courts could reach any property owned jointly by you. Typically they will not touch your separate property.
Suggest you talk to an attorney and find out if you need to have documents drawn to prevent garnishment of your wages.
2007-01-30 11:43:49 · answer #1 · answered by Peter 3 · 0⤊ 0⤋
Well, I'm sorry, but you come last. No, your income shouldn't count, but keep it private. You are not part of that contract, so your pay can't be garnished. But if he is so light on money to not be able to meet his child support payments, maybe you should hold off on marriage. You can date and all. But the child support payments, kids, etc., can try a marriage. I've always said that you never really get divorced, because you can't divorce your responsibilities. There can be requests for increases in child support, health insurance, day care expenses, you name it. I don't mean to be cynical.
2007-01-30 19:47:17 · answer #2 · answered by Darby 7 · 0⤊ 0⤋
The laws for child support vary widely from state to state. In some states your income is added to your new husband's and then they determine the child support from the total...
In other states the child support does not consider your income to determine the amount...
You really need to search out your local laws on this as it can make a BIG difference in your life.
2007-01-30 19:49:47 · answer #3 · answered by ♥Tom♥ 6 · 0⤊ 0⤋
In california your income does not count. However if he was to quit working. He would still be responsible to pay child support based on the amount of money he could make in the marketplace.
But in California. Your income does not count at all.
2007-01-30 19:42:43 · answer #4 · answered by trichbopper 4 · 0⤊ 0⤋
It depends on the laws of the state you live in and the specific terms of his divorce settlement.
In most cases, as long as he continues paying, you will not be affected, but if he stops paying, any joint accounts and/or property you own can be seized for payment. You should talk to a lawyer about your potential liability and how best to protect yourself.
2007-01-30 19:44:57 · answer #5 · answered by chimpus_incompetus 4 · 0⤊ 0⤋
It depends on if you're living in a community property state or not. Call an attorney who specializes in family law where you live and ask, they probably can tell you right over the phone for free.
Get a pre-nup, it won't hurt....
2007-01-30 19:45:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That depends greatly on the state and county of the state you are living in. It is not supposed too, but knowing the vile, disgusting bias of the Family Court System, they may award your husbands ex more money if they so desire.
2007-01-30 19:43:54 · answer #7 · answered by pretender59321 6 · 0⤊ 0⤋
no your payments are not included. however if you file taxes together and he owes back support she can take it all. Been there done that. Last year our tax refund was held and sent to the ex because he was behind on his payments from a job layoff.
2007-01-30 19:43:57 · answer #8 · answered by sweet 5 · 0⤊ 0⤋
They tried to do that to my sister, and she opened and separate account and refused to file taxes with her husband. Since she was filing separate, they couldn't go after her. But it might vary by state, I would talk with a lawyer.
2007-01-30 19:42:12 · answer #9 · answered by Anonymous · 0⤊ 0⤋
they can not touch your money and when you file taxes there is a relief for the injured spouse which means they can not take your taxes or garnish your wages
2007-01-30 19:47:57 · answer #10 · answered by glamour04111 7 · 0⤊ 0⤋