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Asked 1/25/2012

If I have a child support order and I recently married a NAVY recruit can my ex go after my spouse's NAVY pay?

I am currently unemployed, I have 1 child who I pay child support for and petitioned to have support payments reduced due to lack of employment. There is some arrearage due to lack of employment and lack of knowledge that support payments reduced without the cost of a lawyer.

I have a court date set up next month with Attorney General and need to know if the court will try to garnish my spouse's NAVY pay checks?

 
 
 
 
Answers

Answer 1/6 - Submitted 1/25/2012

No, they can't garnish your spouse's pay, Navy or not, because he doesn't owe the child support, only you do.

Just because you are not working doesn't mean you won't be given an implied income when recalculating child support. If you get far enough behind in your child support payments, they can arrest and jail you, so your spouse may want to keep some bail money on hand even though they are unwilling to help you pay your obligations.

 
 

Answer 2/6 - Submitted 1/25/2012

I appreciate your response, sexist as it is.
My spouse is more than willing to help out, I just don't want to burden HER at all with my responsibilities. I am appalled that you automatically assume my spouse is a man, why cause of the NAVY? How enlightened of you!

 
 

Answer 3/6 - Submitted 1/25/2012

I actually assumed that you were a man because it is usually the man that owes child support, but that isn't always the case. Sexist maybe, realist definitely. I would also be concerned about any joint bank accounts that your wife and you share. I would make sure that all her paychecks are placed in a separate account, or it is possible that you could be garnished. Joint tax returns as well can also be garnished
unless she files an injured spouse form.

Since you are now married, it is possible that although you are not working, your wife's income could be used in the modification of child support and the child support order could be increased. I would recommend speaking to a private or legal aid lawyer to determine if the modification may have negative consequences. You also may want to look into getting a job "under the table" if you haven't already.

 
 

Answer 4/6 - Submitted 1/25/2012

Umm, you used the word HE when refering to the NAVY, so yeah you did not assume I was a man, but thanks for trying to insult my gender. Also I have no desire to work under the table, not looking to rob my child of needed support, but being a realist, Men are more honorable than women and surely less scandalize than women. But yeah thanks for being a liar, (u did assume wrong, read ur post, doofus) and recommending I become a deadbeat dad and not pay! You act as if a person pays child support there is something wrong with them

"I actually assumed that you were a man because it is usually the man that owes child support, but that isn't always the case."

Sucks knowing there are PEOPLE like you in this country and your allowed to vote.

 
 

Answer 5/6 - Submitted 1/25/2012

First off, IMHO and myself are two different people, so I'm not sure what exactly you are talking about.

I suggested that you work under the table so that you can afford to live and get caught back up with payments so don't go to jail. You said that you were currently "unemployed", which may be an opportunity for you to get caught back up if your child support is modified. Just being unemployed by itself usually doesn't qualify for a child support reduction unless it was through no fault of your own and you can present evidence that you have spend significant hours looking for employment in your field and have failed. Short of the sole manufacturing plant in your town going out of business and moving overseas, it may be tough.

I am not a fan of the way child support is calculated in the United States, and I think that the Canadian System is superior that takes into account a person's disposable income opposed to salary alone. I didn't say or suggest you were a "deadbeat" dad, and I think that many people are overwhelmed by child support. Locking someone up and creating arrears that the non-custodial parent can never pay is a serious problem in the U.S. I think there are very few "deadbeat" parents today.

That being said, look over the responses again, and hopefully you can find some clarity into your situtation. I wish you the best of luck.

 
 

Answer 6/6 - Submitted 1/25/2012

Thank you! Your response is genuine and appreciated for it.

 
 
 
 
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