Can the government legally take 100% of my wages to pay for a debt my husband owed before we were married?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the government legally take 100% of my wages to pay for a debt my husband owed before we were married?

6 months after marrying I found out that my husband owes a lot of money to the government. Now they are threatening to take my car and 100% of the income. If I file for divorce can they still take my things from me? The house is his and he is already paying them most of what he makes. I have wanted out for a long time but now I face losing everything I worked do hard to get is there anything I can do?

Asked on August 20, 2010 under Bankruptcy Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The debt your spouse incurred is usually considered to be a separate debt by most if not all state laws.  Therefore, consider those threats to be idle unless you own joint bank accounts with him, which would be mean they get to whatever money is in the joint account. You can begin by opening a separate account and consider contacting the Federal Trade Commission and your Attorney General in case the actions and threats made by the creditor are against the Fair Debt Collection Practices Act and any state consumer protection act.

On to your divorce issue.  Kansas is an equitable distribution state, which means your assets and debts are distributed equally unless the court finds one party holds a better burden with respect to any asset or debt.  This works in your favor because your husband's pre-marital debt would continue to be his separate debt and his separate matter to take care of, without your help.  Consider for both matters to keep track how often the creditor or collection agency calls and indicate that according to the Fair Debt Collection Practices Act, that creditor or collection agency cannot discuss the debt with you as you are not the debtor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption