Legal Question in Family Law in Georgia
My husband was sentenced to pay a high restitution unfairly (even the State attorney was shocked). We pay 500$ a month towards it, which is more than 10% of our monthly earnings. This was in a Federal court.
How do I , as his wife, protect my assests and secure some kind of financial future for my 3 kids?
I own 2 condos that are NOT in his name, and I want to protect them. The house we live in is in both our names. It also has a lien (or is it lein?) on it. If the house is in both our names, how could they put a lein on it? When we sell does that mean the entire amount of "earnings" goes to the government for restitution?
Again, how do I protect myself? I am willing to do anything, even a divorce (then remarriage with a prenuptial or something) if it means my children will be able to go to college and not have the govt and this issue ruin our financial lives.
1 Answer from Attorneys
Sentences can't be changed after the fact, and the time to have asked these questions was well before his trial. These are things you should have discussed at that time with a lawyer. It's too late to do anything now. He I am sure had a lawyer for his case. And if you wanted to protect yourself, you should have had your own lawyer at that time.
When you own property jointly it is subject to hid debts so there is nothing to do about a lien now. If the house is sold, thje lien must be paid.