Legal Question in Family Law in California

New Spouses Obligations To Child Support

I owe $7000.00 in child support payments from ex-wife who went onto welfare after divorce.

I had a heart transplant and am currently on S.S. Disability and have been for 7 years. Family Support Div. currently takes $25.00 from my monthly check for payments. I just married in Sept.1999, and my current wife works (ex no longer on welfare) when we filed my wifes taxes the county took them as payment for my child support. Is she responsible for the payments now becouse we are married? Can they attach her wages for payment?


Asked on 3/03/00, 2:49 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: New Spouses Obligations To Child Support

The county can attach community property to pay for the child support arrears. Your wife should keep most of her cash and her assets in a separate account. If filing a joint income tax return saves on taxes, you can reduce you loss by reducing the amount of withholding taxes to the minimum.

You both need to understand the law and then plan you finances to reduce the loss of money to you and your wife.

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Answered on 3/17/00, 11:56 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: New Spouses Obligations To Child Support

They took the money bcz you filed a joint return. She can try to ask the county to refund the money to her. They cannot garnish her wages. File sep returns in the future.

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Answered on 3/15/00, 4:40 pm


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