Can my wages be garnished for my wife’s back daycare expenses to her ex?

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Can my wages be garnished for my wife’s back daycare expenses to her ex?

My wife’s exhusband has made a motion to garnish my wages to pay her back daycare obligation. She had this debt before our marrige. Is this possible and how do I fight it? If we divorced would it stop the garnishment of my pay?

Asked on July 13, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Sure, you could get divorced to stop the garnishment of your pay, but that seems a little drastic.  Half of what you make belongs to your wife.  That is her half of the community property.  So, half of your wages belong to her.  Your wife's ex husband can get a writ to garnish your wages to the extent that your Wife has a community interest in your wages...and as long as you are left with a certain amount of net spendable income. 

Your wife's ex could also get a writ to collect any bank accounts, vehicles, boats, etc. that are in her name. 

This obligation is not simply going to go away.  You need to stop looking at how to stop the garnishment and simply make some sort of payment arrangement so that this thing can be resolved amicably--before the sheriff's department comes and takes your car away.

Best of luck.


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