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?


Asked on 4/04/01, 9:53 am

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

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.

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Answered on 6/06/01, 10:40 am
E. Daniel Bors Jr. Attorney & Counselor At Law

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.

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Answered on 6/05/01, 7:03 pm
Guy Herreman Fathers Rights Law Center

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

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Answered on 6/05/01, 11:08 pm


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