what steps would my husband’s ex-girlfriend have to take to try and garnish my money for child support?
I know that this is very much possible and it does and has happened, but on what grounds does this really become an option for her?
By the way, we try and take care of his kids all the time, but she wants CASH (not clothing or things for the kids) in order to get name brand things for herself and plastic surgery.
he’s on SSI so he does not work but they can’t take his SSI.
ok to make this more clear… He already won his case cause he has SSI so they cant take that from him. my question is…. Can she re open this case and come after me?
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Tagged with: child support • ex girlfriend • money • plastic surgery • ssi
Filed under: How To Get Her Back
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She will have to file an order for child support- either with an attorney or with the bureau in your area that handles child support. They would then open the case and probably require your husband to submit his financial information then the order will be drawn from there.
IF there is an existing order and your husband is not paying her. She would have to file contempt charges on him and go after him in court OR go to the office where child support is handled and file a complaint with them. At that point he could either be ordered to pay or his WAGES could be garnished.
If it has already escalated past this point she can then have his taxes and bank accounts garnished. The best way to avoid her touching any of YOUR earnings would be to file your taxes separately with an injured spouse form and open a separate bank account with only your name on it- along with this, you could deposit your husband’s money into the bank but DO NOT set it up under direct deposit.
This is not a lecture, but he has a financial obligation to his children. Clothes and "things" aren’t the only support they need. It costs her money to house them, they benefit from her having electricity, water, heat, etc. all of those things are also covered by child support.
I KNOW it sucks to pay it- I married a man with 2 kids and I HATE signing that check every month. I would much rather buy them clothes and pay a portion of her bills so that I KNOW exactly where my money is going, but… it is what it is.
does your husband work? If so than you don’t have to worry about your wages its when he quits that you have a problem because than a judge can have you pay. It will be a certain amount of your income. All she has to do is get a lawyer and take you to court. Plead the case and if she wins she gets money and if she looses she gets nothing. Pretty simple. Maybe you should seek a lawyer for just in case.
sometimes they will take money from yr check too! to give to his kids.. haha sucks but i guess in her case its kinda nice.. seeing as how he left her with kids and is now with someone new. not being an a**.. just saying..
By law the government can garnish both your taxes but not your wages. If you don’t want your taxes taken away from you I suggest filing separately from your husband. Your husbands wages can be garnished though.
Not sure about the steps it would take and not even sure this can happen. You were not part of the "marriage" Seems she may have a difficult time with this. Call a lawyer is what I would do
She can take your income tax return monies or any other monies you have JOINTLY….in other words if you co-mingle your monies and assets with your husband you run the risk so….
….file your income tax return as married but separate and do NOT co-mingle your finances, savings, assets,401K, pension, car and property ownership,etc until the kids are emancipated and child support is ended..a pain I know but the only way you can keep her from touching your stuff & monies is to keep yours separate from your husbands…I suggest strongly that you consult a CPA who does income tax returns and a lawyer well acquainted with child support issues…they can advise you better than anyone else in protecting yourself….good luck.
yes it happens and I know, cause I did it! When he is married and your finances are together the assumption is that both checks are used for the benefit of him as well as you. the only way it can be done is if he stops working to keep from paying child support then the judge will garnish from whatever check is supporting him-yours. But as long as he is working, they will garnish from him and wont touch yours. And I hope your husband isn’t trying to dodge child support cause that makes him a ass and you a bitch for trying to help him but save your own ass at the same time.
EDIT: Then you should pay her what she’s suppose to be paid and not buy the extra’s if you can’t afford them. THen take that issue to the judge (if that is what she is doing) because this is just one side of the story and my ex said the same thing, but he just wanted to avoid paying and the judge wasn’t trying to hear any of that non-sense) i’m not saying that you are lying but I am saying that this may be what he told you or what you want us to believe so we belive you are trying to take the high road when you really aren’t. I;ve been there.
EDIT:
If he’s on SSI then they will close the case and the government should issue the mother a SSI check for the kids. But the check will be so small there isn’t much she can do with it.
EDIT:If I was her, i would flat out sue him for a judgement just to put a lien on things just in case he comes into some money or something. I’m not taking her side or anything, But I know how it feels to deal with a dad who refuses to pay (or cannot pay-if that is TRUELY the cause) cause the kids gotta be taken care of requardless.
CSE will garnish your wages if he chooses not to work. But they consider SSI as a alt. so they will not garnish him or you because he CANNOT work
EDIT- She can’t reopen and come after you. He’s not trying to dodge childsupport technically. But I think you guys are trying to find any reason not to pay the lady some money to help her house and feed the kids. Just my opinion.
First of all, they are not your kids so CPS can not garnish your wages. And it does not matter what state you are in because that is federal law. With that said, CPS can garnish your tax returns if you fill jointly, because his name will be listed first on the return. Until CPS is done with him, fill a separate tax return. As for the CASH thing, when wages are garnished, she would receive a check from the controlling CPS unit, not cash. At no time should either of you give her cash, only money orders (the ones that have a carbon copy or stub on the end for your records). Good Luck
That’s totally great !!
sometimes you can save the money to gave your kids ..
Thanks for sharing these kind of blog !
I really appreciate it !
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