QUESTION

A debt collector is after my newly wed wife for a debt that was incurred long before we meet. They have mailed her legal papers from a law firm requesting my information i.e. wages. 1. Will I be held liable for this debt now that we are married? 2. Can they legal factor in my wages to calculate garnishments from her pay?

Asked on Apr 06th, 2016 on Debtor and Creditor - Florida
More details to this question:
I recently got married to someone who is in alot of federal student loan debt, and also some credit card debt. this past tax season they, with out notice garnished all of her taxes to go towards the student loan. Now she is getting a legal letter to update her information for wage garnishments from a small credit card debt of around 2,000. the letter is asking for my salary information for recalculating her garnishments. since this debt was accrued long before we meet, am I safe from my taxes getting fined if we file separately? Can they garnish more of her wages based on my salary?
Report Abuse

1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
Update Your Profile
You actually have a few issues.  1. You are not personally liable for your spouse's pre-marital debts.  But I would make sure that any joint bank account you have is opened AFTER you were married, and it should be listed as "Tenants by the Entireties."  Only put money in that account that has been earned after the marriage. If the account was opened before you were married, close it and open a new one. Any of your pre-marital money or other assets should be kept in your name only.2. When garnishing wages, one of the main exemptions is whether the judgment debtor is a "head of family."  A single person can be "head of family" if he or she pays more than 50% of the support for a child or other dependant. (See Fla. Stat. §222.11)  A "head of family" is not defined for a married couple, but based upon case law, the head of family is the primary decision maker for the family.  Common sense would suggest that the spouse who earns the highest income should be "head of family," but that is not what the law says.  So if your spouse is the primary "decision maker" for the family, she can be considered the "head of family."3. You may have grounds to refuse to provide the information on your salary -- just because the attorney asks for it, that does not mean that the attorney is entitled to it.  It depends upon a lot of circumstances.  You could try to object to providing the information, and see what happens, but there's a small chance that the Court could require you to provide the information.4. If you file joint tax returns, then her student loan debt CAN most likely take your tax refund.  If you file separately, only her tax refund can be taken -- but there may be other tax issues.
Answered on Apr 11th, 2016 at 9:20 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters