Can my husband's ex garnish child support from my paycheck?

Question

He's paying a monthly amount plus additional toward an arrears balance. But he believes that she is looking to garnish from my paycheck as well. The reason being that she is obsessed with getting the physical insurance card for their daughter from him. What kind of information does she need to be able to dip into my income? Why else would she need to have a copy of our insurance card?

Ok, she keeps telling him that she needs the insurance card, even though my stepdaughter's doctor already has a copy of it, AND she has been going to the doctor all year on his insurance. He thought that maybe since the card has my name on it, that it would be proof that we were married and sharing income or something. Why else would she want this card so bad, when she doesn't need it?

Answer 1

i dont see bhow she could-i would fight that if that the case the child is not yours-biologically so i dont see how she could go after you for anything....I would call a lawyer

Answer 2

1) She can't garnish your wages. In most states the stepparent's income is not allowed to be used to figure child support, college financial aid, etc.
2) Joint accounts she will be able to get money from if she tries; so put your money in accounts with just your name on them.
3) Who carries the insurance? If he does, then most states require that he cover his children. His divorce papers should say if he has to provide medical insurance for the child. A card should be issued for the child which he should give to the mother. If you carry the insurance through your work, that policy can not be used for the child. Again, if he is under court order to provide medical insurance, he will either have to do so through his work or take out a seperate policy.
4) Under no circumstances should you give the mother anything that has your social security on it! If you file joint tax returns & copies are required by the court for determining child support - make sure your social security number is blacked out and unreadable. Ideally, your husband should use a lawyer to do the figures and the tax returns need go no further than him. The courts usually have seperate documents your husband fills out with his income and expenses and then signs as being true. These are the only documents the mother is entitled to have a copy of.
5) Another option is for your husband to go to doctor's office and let them make copy of insurance card to put in child's file. That is what my ex did. I never saw his acct number or anything - the doctors' billing people took care of everything.

Answer 3

There is absolutely no precedence that would allow an ex-spouse to garnish anyones pay other than their ex-spouse. Furthermore, to do so REQUIRES a court order and that would entail her suing you as the new spouse. A judge would just throw it out of court (unless you live in San Francisco, lol).

It is true that joint accounts are fair game, but again, it would require a court order. Usually, only paychecks are garnished.

As for the insurance card, I assume you are referring to medical insurance. If so, then many divorce decrees state that one party is responsible for insuring the child medically or, perhaps, with life insurance. If your husband is required to do so, then his ex-wife is entitled to a copy of the insurance card to use in regards to taking the child to doctor appointments, etc. The only info usually on these cards is an account number and name and address for the insurance company...certainly nothing someone could use to garnish wages.

Finally, although many family laws are similar from state to state, there are some differences so it would be advisable to seek confirmation from a local attorney. Keep in mind that regardless of the law, this ex-spouse can do absolutely nothing without a court order. Unless your employer wants to open themselves up to litigation, they can not garnish your wages without such an order. And, to get an order, you would have to be served with law suit papers requesting your presence, etc.

Answer 4

there's no way she should be able to garnish your wages. just to be safe i would open up a seperate account with just your name on it and put your money in there. she can get money from any account with your husbands name on it, the court will allow that sometimes. a copy of your insurance card would not include banking information so i have no idea why she would need it. the courts should have determined which parent needs to provide insurance for the child and if your husband was told to provide insurance she probably needs the card because you have to show your insurance card at the doctors offices for appointments

Answer 5

Depending on the verbiage of the divorce decree, the ex may be entitled to have a copy of the insurance card. Mine does. No big deal. My divorce decree says that I have financial responsibility towards medical premiums.

But there is a big difference between wanting an insurance card and trying to tap into your income. She is not entitled to any of YOUR income. Fear not.

Answer 6

She might need the insurance card to get prescriptions filled or for emergency care when she can't get to the doctor (i.e. doctor office closed, travelling, etc.).

Why in the world wouldn't your husband give her a copy of her child's insurance card? It's not that hard or unusual to do so.

Answer 7

she cannot garnish child support from you as you are not ordered to pay her child support. There is no way for her to legally take any of your income.
She does need a copy of the child's insurance card for the doctors office, most require a copy for their records.

Answer 8

I dont believe that she can get into your check. However, if ya'll have any joint accounts and he is in arrears, they can garnish any joint accounts. I have seen it many times in my business (I work for a stock brokerage).A court order can be issued to have money pullled from any joint accounts. But there is no way that I can think of that the money can come directly from your paycheck.

Answer 9

Is this some crazy azz bitc$ or what???? You CAN'T garnish some other woman's wages for Child support! Geez, now I have heard EVERYTHING.....only the other biological parent is responsible for paying child support.

Tell this selfish bitc* to get a job. Just like everyone else!

Answer 10

I don;t believe she can garnish from you. But she can get your tax return if you file jointly. But if they take your taxes, they will send you a letter and you as spouce have 6 months to appeal and could possibly get your share of taxes back. But the IRS won't tell you that.

Answer 11

Well first of all she can't can't garnish your pay stubs. they need social security #'s and your place of work to mail this out. My fiance gets his child support garnished from his paychecks and thats what they needed from him but court told him it was getting taken out. If anything they will garnish youe husbands pay checks not yours.