View Full Version : Is my new husband liable for MY child support obligation or past debts?
lpnstumpf
Dec 14, 2009, 07:59 AM
In New York state if I get remarried is my new husband responsible for my past debts? Ie: child support, student loans, medical bills.. anything like that? Can they take his taxes and garnish his wages?
excon
Dec 14, 2009, 08:29 AM
Hello lp:
Nope. What you bring into a marriage (both debts & assets) are your separate property.
However, if you're having difficulties, and he's not, make sure you KEEP your accounts separate. That means NO joint bank accounts, and NO joint property.
There IS a way to cure your ills, though. You can declare bankruptcy, and use your husbands credit cards if you need to. After 7 years the bankruptcy will drop off your credit history, and you can begin again.
Your personal bankruptcy won't effect him at all. But, if you're going to do it, it's a lot cleaner if you do it BEFORE you get married.
excon
this8384
Dec 15, 2009, 10:48 AM
In New York state if I get remarried is my new husband responsible for my past debts? ie: child support, student loans, medical bills..anything like that? Can they take his taxes and garnish his wages?
If you file a joint tax return, it can be intercepted for past due child support and/or other government debts.
If you and your husband share a bank account and a creditor obtains a judgment against you, they can freeze the account and take out whatever money is in there, regardless of who deposited it.
They can't garnish your husband's paycheck for your debts.
cdad
Dec 15, 2009, 03:16 PM
It is possible that depending on where you live some of the responsibility may become his. What state / country are we talking about ?