Can the Departmen of Justice garnish my wages if it wasmy spouse that committedan offense and we file for divorce?

UPDATED: Mar 13, 2012

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Can the Departmen of Justice garnish my wages if it wasmy spouse that committedan offense and we file for divorce?

Asked on March 13, 2012 under Bankruptcy Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is possible that if while married your spouse becomes obligated to a creditor for an offense for a certain amount of money and you later divorce, under the marital laws of your state you could personally be responsible for any such moneys claimed owed by the Department of Justice in any wage garnishment with respect to you even though your did not commit the offense. The reason would be that the debt is a marital debt.

In such a situation, it is very important to have a marital dissolution agreement stating that any obligation concerning the offense that your are writing about would be the responsibility of the former spouse, not you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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