If my husband is behind in permanent maintenance to his ex-wife, can she try to get money from me or my new business that is in my name only?

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If my husband is behind in permanent maintenance to his ex-wife, can she try to get money from me or my new business that is in my name only?

My husband has had a decrease in income and has gone to court to have it modified only to be told to come back in 6 months. He will continue to go into arrears. I am worried about her coming after me now. Is this a concern I should have? He owes $12,000.

Asked on December 30, 2011 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The court order regarding the maintenance is against him only and his ex can not come against you personally for the money.  However, that does not mean that you can not be affected by a judgement rendered against your husband for the arrears.  If you hold assets jointly his ex can attach his portion to pay the judgement, including joint accounts and even tax returns.  Why was he told to come back in 6 months?  That makes no sense.  Did he have an attorney help him?  It may be time for that and you should see an attorney to help structure your business to protect it against any possible atachment by anyone.  Also consider forming a corporation to hold the business. Good luck.


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