Legal Question in Family Law in Maryland

If your husband owes back-due child support, anything that is titled in his name is subject to garnishment by the State. So, for instance, if you have a joint bank account, this is fair game to the State. I can't comment specifically about your taxes without seeing the documentation that the Maryland Comptroller sent you. I recommend hiring a Maryland family law attorney and showing them the documents so that you can receive a specific answer. Spending a few hundred dollars may be worth saving thousands in the long run. Best of luck.

The above does not establish an attorney-client relationship and is instead for informational purposes only.

Mr. Cook is correct. While it is not your obligation to support your husband's child, assets titled in his name, including joint bank accounts, are subject to attachment for a child support arrearage owed by him. Your individual assets and your wages are not subject to attachment/garnishment.

I assume you are referring to innocent spouse relief, rather than "injured spouse." Innocent spouse relief is not applicable to the situation you describe. That concept applies when there is joint and several liability (e.g. on a joint tax return), but one spouse did not know about the tax liability, such as in the event of fraudulent behavior by the other spouse. The issue you describe has nothing to do with tax liability.

There are a number of tactical steps you can take to avoid this situation in the future. Whether it makes sense to challenge any actions already taken by the state would depend on whether anything improper was done and the amount in controversy.

You should confer with competent Maryland domestic relations counsel.