What is my liability if my husband served time in a federal prison before we met and owed restitution as part of his sentence but it has not been paid off?

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What is my liability if my husband served time in a federal prison before we met and owed restitution as part of his sentence but it has not been paid off?

He thought that he had paid it off by working in prison. Now, 9 years, later he got a notice that he owes nearly $5,000. Forms were included which are looking for his and my financial info so a payment plan can be worked out, the form states that is any info is not true it could carry a 5 year in jail/$250,000 fine. My problem is that we keep our money separate and we do have a prenup that addresses debt as being separate as well. Do I have to include all of my bank account information and if so, do I have to include a bank account that I am representantive for my underage son?

Asked on March 28, 2013 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You personally are not liable for the $5,000 that you have written about. However, one half of the income you and your spouse earn as well as one half of the marital assets would be at risk for paying off this restitution amount. Your own separate property would not be subject to payment.


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