After my divorce, my finances are a mess. Can debt collectors come after and garnish the spousal support I receive in Oregon?

Asked over 1 year ago - Molalla, OR

My finances are a mess after going through a divorce and not receiving my spousal support for 7 months. Can debt collectors come after and take my spousal support in Oregon?

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

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    Answered . Spousal support is itself exempt from garnishment. See ORS 18.355(1)(i). However, if you comingle it with other funds in a bank account, that account might still be garnished. You may therefore want to set up a separate bank account for depositing support payments, and no other non-exempt property.

    There are other things you can do to manage your debt as well. Without knowing what the debts are, it's hard to say what to do, but you should talk to an attorney who specializes in bankruptcy or consumer protection if you've been threatened with legal action.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . I am posting a link to a description of the property rights that are exempt in all 50 states for you to see for yourself what is exempt and therefore protected. However, when money from different sources is deposited into one account, it can be a problem for a judge to see what part is alimony and what part is from another source. That is what we call co-mingling. Open a separate account and just deposit alimony into the account.

    Of course, to take your money, creditors must first obtain a court judgment, unless you owe money to your own bank. If you owe your bank, your money isn't safe, so open up accounts elsewhere! Hope this perspective helps!

  3. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . You MAY want to consider bankruptcy. Check out my website: www.ExperiencedOregonAttorney. com. It provides a lot of information. Then give me a call.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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