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I believe the intent of this question was to ask if a new spouse's wages can be garnished or property incumbered for the other's child support obligations. In which case the answer is maybe. Jointly owned property such as a home can have a lien placed in proportion to the amount belonging to the spouse who is responsible for support payments. Additionally, in most states joint marital bank accounts can be levied for child support. When this happens it is the "innocent spouse's" responsibility to petition the court with proof of the percentage of funds belonging to him or her. Joint tax refunds can be seized for child support arrearages with the "innocent spouse" again having to petition for his or her portion to be released. The good news such as it is, is his or her wages are not subject to direct garnishment action.

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2006-03-31 21:51:40
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Q: If the dad's new spouse has liens or garnishments against her will it affect his child support?
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Related questions

Can new spouse income affect child support?

Not normally. The existence of a step-parent doesn't affect the responsibilities of the parent providing child support.


How does child support obligation affect a spouse?

The spouse is not responsible for his/her spouse's child(ren). However, the State can and will intercept tax refunds and place liens on personal and real property to collect unpaid support, even if those assets are jointly held.


If your wages increase does the student loan garnish automatically increase to?

Generally, garnishments go off of a percentage of your and/or your spouse's income.


If a child support payee dies can their surviving spouse collect arrearage?

They can put a claim against the estate.


Can a spouse be held liable for child support?

A spouse can be held liable for child support.


Do you have to pay spouse support if you have been married for 31 months?

Spousal support is rare and almost always for a limited period of time - until the spouse can become self-sufficient. Length of the marriage may or may not affect the amount.


Are spouse's required to testify against each other?

no, in rule 502 a spouse may not be forcsed to testify against their spouse.


Will marriage affect your child support?

In general, a child's marriage terminates the parents' obligation to support; however, this varies from state to state.The custodial parent's marriage will not affect the non-custodial parent's obligation to support that child, unless the new spouse legally adopts the child.The non-custodial parent's marriage will not affect the child support.


How do you protect spouse from paying child support?

If spouse is ordered to pay support by a court, until another court changes that, you cannot "protect" the spouse.


How does remarriage in Indiana affect child support?

In general, remarriage should not increase or decrease one's child support obligation, regardless of the new spouse's income or the presence of stepchildren.


Can you receive alimony when you are married?

No. It is customarily written into the divorce decrees that if the spouse who is receiving alimony (aka spousal support) re-marries, the support payments will cease. Now, this does not happen automatically ... the spouse who is paying support must file in court to get this stopped - once the filing has been made, disbursing payments to the other will cease, but garnishments to wages will continue until the court hearing. Once the judgment has been issued in your favor, you will get back the monies back to the date you filed your paperwork to ammend the payments of spousal support.


Will a new spouse have to pay child support to the other spouse' children?

no

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