Legal Question in Family Law in Utah
I am engaged to a man who owes some back child support. I have heard of stories where ORS could possibly garnish my wages even before we are married if they prove we are living together. Is this true? What about if we do get married? Is ORS allowed to garnish my wages then? Also wondering if they can take my taxes even if we file separately? The original child support order was in Utah. Both he and I are now living in Wyoming.
1 Answer from Attorneys
They cannot garnish your wages whether you're living together or married. They can, however, attach any joint accounts. For that reason, I would advise that you and your fiance keep separate bank accounts when you're married. The other issue that comes up is in regards to any state income tax refunds from Utah. If you and he were to file a joint income tax return, ORS can take all of your and his refund to apply it to his child support obligation. However, with you both living n Wyoming, I don't see any need to file a Utah State income tax return.