Legal Question in Family Law in New York
New wife's income
My husband has 3 kids from his first marriage and has been paying child support up through January 2006 when he came down to GA. He has not been able to find steady work and has a court hearing in New York for ''backpayment''. His ex-wife states that if he doesn't pay the retroactive monies due, the court can go into my bank accounts and demand the monies. Is this true? Prior to relocating he gave her a check for $2000 to cover the month of February in case he did not find work. Does this count towards what the court shows he owes? In addition, I was told that there is paperwork I can fill out to exempt me from being involved in his child support affairs. Can you tell me what this is?
2 Answers from Attorneys
Re: New wife's income
If your husband's name is on account, then YES, your account can be directly "charged" or attached for child support and arrears, that may be due and owing.
If his name is not on your account/s a Court Order naming him may not be "legally" used to charge or attach account/s in your name, provided the Court has not been presented proof that you are "hiding" or retaining money or assets, that belong to your husband.
Please be advised that a Court can decide that a portion of your income and assets can be imputed as being available to your husband for payment of his child support debt, to the extent your income and assets are deemed to be marital property. That rationale and resulting Court Order can then be used to attach your account,s income and assets.
Of course, if you are not "legally" married, you do not have an obligation to support your partner or pay his debts.
Further questions can/should be addressed to your local court or child support collection unit.
Good luck,
Re: New wife's income
Unless he is on your bank account, it cannot be attached. No paperwork is necessary.
Yes, he will get credit for the payment he made.
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