Legal Question in Family Law in Alaska
I am a resident of Alaska and was recently married in December. Since then I have been getting threats from my spouse's ex that she is going to garnish my wages and use my income to determine my husband's child support amount. Does she really have the right to do this? I am the primary bread winner and make substantially more than my husband, however, I also have school loans that account for much of my income. My question is, what are my rights as a new spouse? Any suggestions on protecting my rights in this matter? Should I file an individual tax return? I would like to protect myself from the furry of a scorned ex spouse. I would appreciate any advice.
Thank You.
1 Answer from Attorneys
No. She cannot garnish your wages unless she has a judgment against you. She cannot get a judgment against you for your husband's child support obligations.
Your husband's child support amount is not determned by considering your income. And school loans are not considered income in any event.
No, there is no need to file an individual federal income tax return. Should the C.S.E.D. seek to intercept the tax refund, you would at that time be entitled to file what is commonly referred to as an "injured spouse form", (form 8379) and prevent her from doing so.
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