My fiance has two children with his ex-wife. He owes a couple thousand dollars in back child support. If I marry him, can they garnish my wages too? I make about 3 times as much as him. I appreciate any help or info you can give me.
2007-03-17 02:48:31 · 18 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I meant "will they garnish my wages?". Sorry for the typo!
2007-03-17 02:51:53 · update #1
Hey there. They cannot garnish your wages, or make any attachments. AND they cannot take your portion of an income tax refund. When you file your taxes you can complete an innocent spouse form (available anywhere that tax forms are, and online as well) to ensure that your part of the refund isn't intercepted. I belong to a great stepmom online support group, if you're interested let me know and I'll send you the URL. GL!
edited to add ~ be careful about comingling funds in bank accounts until his arrears are current. The gov't can (And WILL) place liens on joint accounts with absolutely no financial recourse for you, and no way to recoup those funds even if you can prove that the money in the account was from your paychecks, etc. Keep bank accounts seperate until he is current to be on the safe side.
2007-03-17 03:10:41 · answer #1 · answered by bresmama 3 · 1⤊ 0⤋
Ya know, I'm really confused by the answers that say the Courts will garnish the new spouse's wages. I work for family law attorneys and have never heard of such a thing? Child support is an issue between the parents of the child. In Indiana, only the income is used in the calculations. They don't take into account any type of expenses, with the exception of child care and health insurance. The only way your money could be touched is if a joint tax refund is intercepted. You would have to file an "injured spouse claim" which states that his debt is not your debt. The government would determine how much of the refund is yours, and it would be sent to you; the rest would go to his ex for back child support. Before you marry him, you might want to make sure that his reasons for not supporting his child(ren) are really good, or you might have problems with him yourself..... Good Luck!
2007-03-17 10:22:49 · answer #2 · answered by working mom of 3 4 · 1⤊ 0⤋
I'm 99% sure that your wages cannot be garnished to meet his child support obligations. However, if you want to be absolutely sure, you need to call your local Child Support Enforcement. They could tell you beyond the shadow of a doubt.
2007-03-17 10:21:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
no they can not garnish ur wages, i've been married 4 over 10 years & i haven't had 2 yet, u r also able 2 still get ur part of ur taxes if filed jointly, u have 2 file a form it's called injured spouse allocation
2007-03-17 10:27:12 · answer #4 · answered by Anonymous · 1⤊ 0⤋
No they can't garnish your wages for his back child support but if you ever file taxes jointly they can take your tax return unless you file injured spouse.
2007-03-17 11:56:45 · answer #5 · answered by ? 6 · 0⤊ 0⤋
I think it depends on what state you live in. I seem to remember a few years ago seeing a couple that lived in California that divorced because her income was seen as part of his and the court was really going after it. That may have changed. The best thing you can do is shell out for a consult with a family practice lawyer in your state and get the real facts. Definitely do this before you get married. Good Luck.
2007-03-17 09:53:27 · answer #6 · answered by Sharon M 6 · 1⤊ 1⤋
When you buy the pig...... you have to deal with all the ****! Yes, they will take your money. Garnishments as you well know dont look good on your credit. If you have the money then you need to pay ALL of his back child support. Then have the payments elecronicly deducted from his pay directly to her or what ever agency handles child support in your state. Do this BEFORE you get married!
2007-03-17 09:56:57 · answer #7 · answered by teenypurplebinky 3 · 0⤊ 2⤋
They cant garnish your wages unless you two are married. But yes they will garnish them if he owes back child support after you two get married.
2007-03-17 09:52:34 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Those are not your children there your fiance children and they should be garnishing his wages only okay!
2007-03-17 13:57:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋
They cannot garnish anything of yours. However,they will take his tax refund (if one is due to him) And state tax and can/will take away his driving privlige. Think about what to expect before jumping into the fire. It never ends.
2007-03-17 11:11:27 · answer #10 · answered by seahorse 4 · 1⤊ 0⤋