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