Legal Question in Family Law in Oregon

can collection agencies garnish spouse support

My X-wife and divorced over two years ago and I am currently paying her $4000 a month spouse support. She has still managed to accumulate over $100,000 in student loan and credit card debt over the last two years and currently has several creditors going after her. Her support ends in a little over a year and she will then undoubtedly file for bankruptcy. My questions are: Can the collection agencies garnish her spouse support? Can I legally provide the collection agencies with public record divorce documents showing that she is currently recieveing spousal support?


Asked on 12/28/07, 3:42 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: can collection agencies garnish spouse support

QUESTION:

Can the collection agencies garnish her spouse support?

ANSWER:

If ex-wife owes money as a judgment debtor to a judgment creditor, the judgment creditor may cause a writ of garnishment to be issued to anybody who holds money that belongs to the judgment debtor or that is due and owing to the judgment debter, including spousal support money.

QUESTION:

Can I legally provide the collection agencies with public record divorce documents showing that she is currently recieveing spousal support?

ANSWER:

Yes. This is most likely already a matter of public record anyway. But while you can legally the collection agencies with copies of public records, you would be foolish in the long run for doing so. And it may come back to haunt you in ways that are completely unforeseeable when you do it. Best advice: Don't do it.

LDG

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Answered on 12/30/07, 3:12 am


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