If they are married and have joint property can I garnish her wages? They can sanction a joint account and/or property so why not her paycheck since he's not working only to dodge child support. (I know it will catch up with him someday, but my bills are due today and the kids have needs today)
2007-09-22 15:30:55 · 15 answers · asked by Kishauna_P 3 in Politics & Government ➔ Law & Ethics
No you can't garnish your ex's new spouse. The spouse doesn't owe you anything.
2007-09-22 15:37:10 · answer #1 · answered by hensleyclaw 5 · 3⤊ 0⤋
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2016-07-18 20:46:24 · answer #2 · answered by ? 3 · 0⤊ 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.
2007-09-23 06:15:09 · answer #3 · answered by not'cho_average_soccermom 2 · 0⤊ 1⤋
No,it isn't her responsibility to support your children. If they file a joint return,there is a possibility that her refund could be given to you,but there are forms for her to fill out to prevent that from happening.
The issue is with your ex husband,not his new wife. I don't understand how women can be so vindictive towards each other. She is not the cause of your problem with the ex not paying his child support. I understand where you are coming from,I went many years without child support,but she has no legal obligation in this matter.
2007-09-23 09:53:19 · answer #4 · answered by Jan 7 · 1⤊ 1⤋
Sry he is such a bum but no you can't do anything to him. A friend of mine had this happen to her. Her dad put everything in his wife's name house car everything. He owned rental property and it "sold it" to her before they got married so he had no income. He stoped paying child support from the time she was like 7 and never paid because he never had a job or income but she worked and had the rental property. YOu can only get the father not his wife because they are not her kids
2007-09-22 17:25:21 · answer #5 · answered by Big Daddy R 7 · 0⤊ 0⤋
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This is probably the most important part. With texting, you can stop and think about what you want to say to your ex at each step of the way. Instead of reacting emotionally, you can take your time, figure out the right thing to say (I’ll give you most of it), and be strategic with your ex without saying something that you’ll regret.
2016-04-28 11:27:31 · answer #6 · answered by melvina 3 · 0⤊ 0⤋
No, but once you get a judgment against him for back child support from his income, and he doesn't pay you can put him in jail for nonpayment, then I bet his current wife will pony up
2007-09-22 15:38:51 · answer #7 · answered by jean 7 · 0⤊ 0⤋
Nope, they can't sanction her paycheck. It wouldn't be fair to her to punish her for something that someone else, whom she is not the guardian of, has done in the past.
You need to take him to court.
2007-09-22 15:41:10 · answer #8 · answered by A.P. 4 · 1⤊ 0⤋
Nope but if they file a joint tax return you can really mess them up by claiming that you may not get it but you can tie it up for months till they decide if you are entitled to all or part of it
2007-09-22 15:46:07 · answer #9 · answered by tap158 4 · 2⤊ 1⤋
Go to your local Legal Aid. They will be able answer your questions and, if needed, represent you in Court.
2007-09-22 15:37:18 · answer #10 · answered by Michael B 5 · 0⤊ 0⤋