Legal Question in Family Law in California
wife's rights regarding child support payments to ex-girl friend
Is it lawful to take money from wife's checks or income tax refunds for husbands child support payments to ex-girlfriend?
3 Answers from Attorneys
Re: wife's rights regarding child support payments to ex-girl friend
I am assuming that you are referring to your paycheck and your income tax refund. A third party, or court, cannot take the child support owed by your husband from your paycheck and from your income tax return, unless you have filed a joint income tax return. If those funds are placed in a joint account with your husband, it may then be attached or executed agaist. Good Luck.
Re: wife's rights regarding child support payments to ex-girl friend
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, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry; however,if you
are married everthing you earn, acquire or
accumulate is community property (with certain exceptions).
The answer to your question depends on who is taking the
money -- your husband or someone else? You're husband
has the right of joint management and control of your
CP funds with you so it probably would be okay. Someone
else, probably not, with the possible exception of
joint tax refunds.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: wife's rights regarding child support payments to ex-girl friend
If you have joint legal custody then yes its lawful to take money.
Please call us at Herreman law Center (909) 274-0057
We will give free consultation