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    snidely16's Avatar
    snidely16 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jun 11, 2007, 11:39 AM
    Child Support
    My husband has a current child support order in California, where we live. My husband is unemployed. Can his ex-wife attach MY income, because we are married?
    always_hot's Avatar
    always_hot Posts: 114, Reputation: 16
    Junior Member
    		  
    #2

    Jun 11, 2007, 12:08 PM
    I'm not sure how the laws work in Cail but I think they can in MI. I would just call a couple of attorneys in the phone book with your question or Friend of the Court. That way you won't be misinformed
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Jun 11, 2007, 12:35 PM
    NO, you are not party to that claim, but they will try, so watch for it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jun 11, 2007, 12:40 PM
    Your husband's debts, especially child support, are not yours. They cannot garnish your salary for child support he owes. However, they can attach any joint bank accounts you have. As long as his name is on the account its considered his asset.
    LadyB's Avatar
    LadyB Posts: 320, Reputation: 42
    Full Member
    		  
    #5

    Jun 11, 2007, 12:44 PM
    They can also, in some jurisdictions, take from unemployment payments as well.
    vlee's Avatar
    vlee Posts: 454, Reputation: 109
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    #6

    Jun 12, 2007, 08:06 AM
    Has your husband notified the Cal child support system that he is unemployed? Sometimes you can get a break of a few months in payments... he will still have to pay them, they are just put off. If he is collecting unemployment the support can easily be garnished from there. Why is he not working? Is he having trouble finding a job or is he trying to avoid paying support? Failure to pay can lead to jail time. Your wages can not be attached, as mentioned above. Step-parents are not financially responsible for their step-children in support matters.
    Tootruetooblue's Avatar
    Tootruetooblue Posts: 61, Reputation: 17
    Junior Member
    		  
    #7

    Jun 13, 2007, 07:49 AM
    I don't think they can take it from you but would follow the above advice to ask a lawyer in your state. But, as a single mom, I would like to point out that your husband has a responsibility to support the child(ren) so even if it's just a portion of his unemployment benefits, of if he works as a temp for Manpower, or whatever, he needs to do something immediately to help out with support of the children. If his ex-wife has to come after your bank account (considering it part of his shared assets with you) that is her responsibility if it's necessary to supplement her own income and feed the child. The best thing to do is for your husband to find a way to pay the support.
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