Back child support and getting married

Asked over 1 year ago - Attleboro, MA

I live in Massachusetts and I owe 50k and I want to get married will they tap my wife's check or her bank account

Attorney answers (4)

  1. Catherine Taylor

    Contributor Level 13

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    Answered . They cannot attach you wife's bank account or garnish her wages to satisfy your arrears unless your name is also on the account. If a contempt or modification action is brought before the court, your wife's financial contributions to household expenses will be considered in determining the amount you are able to pay. You should also be aware that if you file your taxes jointly with your new wife and you are due a return, this may be reachable by the mother to satisfy your debt. As my colleague suggested, you would be well-advised to seek the assistance of counsel in coming to a repayment plan to avoid these complications. Best of luck and congratulations on your pending nuptials!

    This is intended for general informational purposes only and does not constitute legal advice. The content of this... more
  2. Karla Mansur

    Contributor Level 13

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    Answered . So long as you keep your finances separate and they won't be able to take her money. The court may consider her income in determining your ability to pay child support arrears if a complaint for contempt is brought against you for non-payment, but the number won't be set on her income and her bank account cannot be attached to satisfy your debt, so long as your name is not also on the account.

    Sincerely,

    Karla Mansur, Esq.
    Law Office of Karla M. Mansur, LLC
    81 Middle Street
    Concord, MA 01742
    P: (978) 341-5040 / F: (978) 401-0687
    www.mansurlaw.com

    I am ethically required to state that the above answer does not create an attorney/client relationship. These... more
  3. Lloyd David Godson

    Pro

    Contributor Level 6

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    Answered . They will not unless you both create a joint account. Future collections will prove to be problematic for you with regard to future joint tax returns and other potential joint ventures. You should consider negotiating a payment plan and getting this matter resolved.

  4. Anthony Rao

    Contributor Level 14

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    Answered . I am a former DOR attorney. You should retain counsel to assist you with the DOR/CSE, as this matter will not resolve itself on its own. More importantly, you can negotiate with the DOR, the custodial parent, and the court to have the amount owed substantially decreased.

    In any event, I advise that you do not open any bank accounts in your name, and certainly do not co-mingle your money with your future wife's, as the do levy joint accounts.

    I wish you luck, and again, I strongly recommend obtaining an attorney.

    Anthony Rao, Esq.

    The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is... more

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