He is working now, but if we marry and the state garnishes his wages, could they also come after my wages? I have a child of my own to be concerned about.
2007-10-22 02:53:25 · 21 answers · asked by alabamasasafrass 2 in Politics & Government ➔ Law & Ethics
No, they can't attach your wages. You are not responsible for someone elses child.
His garnishment and other actions could effect you, however. If they attach his bank accounts and you pool your money with his in one account.....your money won't be available to you. If they put a lien against a car or home, that could effect you too.
My suggestion is to wait until this deadbeat dad has caught up with his child support before getting financially entangled.
Oh, and the loss of a job is no excuse. His child must eat - every day, must be clothed - every day, must have a place to live - every day. What he should have done was ANYTHING to get money to meet his obligations....just like he would have done if the child was living with him. Not to do so makes him a deadbeat dad.
2007-10-22 07:59:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No, you can not be held liable for his child support, but you do need to consider how the wage garnishment will affect your joint finances when you get married. He will not only have to make up back child support, but will be responsible for current child support...plus, his ex may seek modification of child support to a higher amount, especially if he gets a higher paying job or the children get older. So, while you cannot be held liable for his child support, if you get married you may end up paying for more of your joint expenses just because he has less disposable income due to the child support.
On a side note, they can also garnish his income tax refund to recoup the past support, so if he counts on a big tax return every year as part of his income, you should consider that, too.
Good luck and make sure you talk about money and finances long before you get married...it is one of the biggest things couples fight about.
2007-10-22 03:04:33 · answer #2 · answered by Momto3 2 · 0⤊ 0⤋
No they can not come after you wages, they can only garnashee his wages. I had the same problem but was on the other side of the problem my ex quit his job because didn't want to pay child support and his new wife had a good job, so my ex husband was a stay at home dad. We couldn't get any child support for almost 2 years.
2007-10-22 02:58:00 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Is it your child for whom support is owed? That is the only thing that matters. My fiancee's future earnings shall never be subject to any support payments I might have to make for children of any previous marriage of mine. That's the law in all US states and territories. You are not responsible for this particular debt of his once the two of you marry. If the state attempts to do this, then the state is attempting to say that you are also a parent of the child/children in question. Throw that one into his ex's face if she makes a stink about trying to grab your wages.
HOWEVER, there is one little thing: If you have a business, and your fiancee works for you, make sure that he has a definite wage/salary and every "i" is dotted and "t" is crossed on your payroll records. Otherwise, a claim could be made that you and your fiancee have cooked up a way to conceal "effective" earnings from support.
2007-10-22 03:01:17 · answer #4 · answered by Hoosier Daddy 5 · 0⤊ 0⤋
What he's dealing with is better than in all probability an enforcement or tutor reason listening to. He needs to convey info from the business enterprise exhibiting that his employment grew to become into terminated and that he has no earnings. He needs to tutor evidence that he has been searching for jobs (i.e. copies of despatched e mail containing resumes, on line application the place he has a log in, and so on...) If he won't be able to tutor that he's interior the least attempting to get a job, then he merits despite the effect. I comprehend that issues ensue, yet once you have a baby to assist and you lay on your ***, then you could desire to be slammed puzzling in court docket for no longer looking after your business enterprise. If he does have evidence of those issues, then they're going to better than in all probability come to a call volume of extra help he ought to pay with a view to catch up, and supply him X volume of days to locate a job and start up paying. (many times no better than 60 days) He is often present in contempt, be sentenced to 30 days or so in reformatory and a great, however the decide will droop the sentence pending he meets the standards the decide will set out for him. If he would not, the decide will enforce the sentence and he will go through the outcomes if he would not tutor evidence he has been attempting.
2016-10-07 09:35:00 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Make sure he catches up, his ex is counting on the money. They shouldn't garnish until he misses a second payment.
He may not be good marriage material, he should have an emergency fund so he can still pay his bills while unemployed.
They will garnish up to about half his wages but they can't get yours. You will need to support him if you marry him and he doesn't bring home enough.
2007-10-22 02:57:51 · answer #6 · answered by shipwreck 7 · 0⤊ 3⤋
I know in New York that they can come after your wages. This has happened to my sister. The state of New York came after my sisters wages to help pay her husbands child support. After much fighting, since my sister has her own children, she was able to put a halt to it. Yes, they can come after your wages! Make sure you have a good attorney.
2007-10-22 02:59:02 · answer #7 · answered by Lori E 4 · 1⤊ 1⤋
no they cant take your wages , even if you get married.....however depending on what state he owes inthey can seize any property with his name on it.....including houses, vehicles etc that you own jointly. and you need to keep your pay going into a seperate account without his name on it at all until this is cleared up for that reason. if you get married you will have to file injured spouse relief in order for them not to take your entire return also.
2007-10-22 04:22:26 · answer #8 · answered by CRmac 5 · 0⤊ 0⤋
Make sure if you get married you dont mix your money in joint accounts. They cant take your salary but can certainly garnishee his. I would be hesitant to get married until he gets his financial obligations caught up. You may resent having to be the main source of support while his money is going out to support a former family.
2007-10-22 03:03:36 · answer #9 · answered by Diane M 7 · 0⤊ 0⤋
I don't think so, but you might check with a family law lawyer to be sure. Also if he looses his job again he should contact the child support agency right away so they can adjust his payments.
2007-10-22 02:57:28 · answer #10 · answered by countryguyhfc 5 · 1⤊ 0⤋