Legal Question in Family Law in California
Stocks,Child Support
My husband had stock before we got married. He is now going to collect monies own to him on it . If we divorce, do I get any claims to this stock? And can his SSI benefits be garnished for child support?
1 Answer from Attorneys
Re: Stocks,Child Support
If the stock was purchased while he lived in California or another community property state, and he kept it separate from the property the two of you accumulated while you were married, it is probably his separate property and you have no claim to it. You should discuss the details of this with an attorney, because there are some exceptions, especially if he used marital money to buy some of it, pay taxes on it, and so forth.
His SSI benefits can be garnished for child support, but the way it usually works is that SSI sends you an allocation for the children directly....so it doesn't actually come from his SSI check, but it comes from SSI. If he owes you arrearages, that might be able to be deducted from SSI. Good luck.