Legal Question in Family Law in California

Reply: The New Wife

Your wages can not be attached for his child support obligation, and the real property is safe so long as it is in your name alone. That having been said, absent a pre-nuptial or post-nuptial agreement, your husband may acquire a community property interest in and to your separate property residence by operation of law. Should the two of you divorce, his community property interest in your separate property residence will potentially be subject to attachment for past due child support. Also if you file a joint tax return and he is behind in his child support obligation, your refund can be attached if the District Attorney is involved in the collection of any past due child support.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

Re: The New Wife

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Absent an agreement to the contrary, your earnings are community property and, once deposited into a joint bank account, can be levied upon. Absent comingling or the development of a community property interest, your separate property house probably cannot be levied upon.

As an aside, the amount of your income can NOT be used to calculate the AMOUNT of child support, except as it effects the taxes that your husband pays.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.