Legal Question in Family Law in Florida

I am the spouse of a man who owes back child support & over the past few years I have had my tax refund taken away, bank account levied, & have gone through a lot of drama. As a result, my children & I have had to suffer quite significantly. It seems as if there are no laws to protect my children & myself. I know most people would say that I chose to marry a man in this position, but these problems didn't start until after my husband & I got married. I have filed as an injured spouse with the IRS, but they only give me back a small fraction of what I payed, not even worth the effort of filling out the forms. These problems have also caused a lot of stress for me personally. Is it possible to sue the state & my husband's ex's for what my children & I have been through? Is there anything else we can do?


Asked on 2/07/11, 10:43 am

1 Answer from Attorneys
Tracy Newmark The Newmark Law Firm, PA

You have no lawsuit against the state or the other parent of the child. You can do many things, however, to protect yourself and your children, which include, maintaining separate bank accounts from your husband; not depositing his money in your bank accounts, filing separate tax returns from your husband, etc. You are not responsible for paying his child support obligations but once you comingle your money and assets they can seek to recover what is there as it is presumptively inseparable from yours at that point. So the best thing to do is maintain totally separate financial lives.

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Answered on 2/11/11, 7:42 am


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