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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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โˆ™ 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.


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.


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.


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.


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.


Is alimony and maintenance the same?

Yes. Alimony is an order of a court for the support of one spouse by the other spouse.Maintenance in family law refers to alimony or spousal support. Maintenance is an order of a court for the support of one spouse by the other 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.


Does Florida law require a spouse to testify against spouse in domestic violence cases?

No, they can not make a spouse testify against a spouse.Added: But, they are not prevented from doing so, if THEY wish.


Can your spouse stop you from making child support payments?

Your spouse has no authority to over-ride a court ordered child support.


If was a judgment against your wife before you got married will that affect you when selling your home?

Any debts incurred by a person before marriage belong to them entirely, and will not affect the other spouse.


Can forgery charges be brought against spouse in SC?

If your spouse is guilty of forgery then of course charges can be brought against them


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

no


Are spouse's required to testify against each other?

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


Does my current spouse income affect the amount of child support I will receive from my child's father?

your or your current husband income (probably) wont affect the child support.the child's fathers income will though.


What if your spouse is in arrears for child support?

You should send him a notice through your lawyer and tell him that he is already is behind in payment of child support. And that legal action will be taken against him if he doesnot pay up.


If non-custodial parent does not have a job can their spouse pay child support?

The NCP's spouse cannot be made to pay child support.


Can spouse income be used for child support?

no


If you fail to pay a credit card debt can the credit card bank take money from your social secutity income?

Social Security, SSI, Veteran's benefits, and a few others are mostly exempt from creditor garnishments. The federal government CAN garnish these wages for taxes, spouse or child support payments.


Is an ex-wife who remarries but have children and grandchildren be a beneficiary of a man who dies intestate?

Generally, an ex-spouse is barred by law from making any claims against the estate of their former spouse. Generally, a divorce decree bars either party from making any claims against the other, as between the parties, forever. An ex-spouse can make a claim against the estate of a decedent who is in default of child support payments.


Does support payment have to continue if the person receiving support remarries?

payments to x-spouse from retirement after x-spouse has remarried is this legal in Washington state


A person does not have to be a witness?

According to the Constitution a person does not have to testify against themselves; in some states a spouse cannot be compelled to testify against a spouse.


What is the difference alimony and child support?

"Child support" is self-explanatory. Alimony (or maintenance) is intended to support the former spouse. It is usually temporary, until the former spouse can become self-sufficient.


If spouse takes child out of state against your wishes can she collect child support?

If the mother has the full custody then she can take the child, and she can get the child support. If she doesn't have the full custody, then she is not allowed to take the child without the father consent, but she still can get the child support.