IF I OWE A PAST DUE STUDENT LOAN, CAN ANY WAGES BE TAKEN FROM MY NEW SPOUSE’S INCOME?
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IF I OWE A PAST DUE STUDENT LOAN, CAN ANY WAGES BE TAKEN FROM MY NEW SPOUSE’S INCOME?
My spouse is worried they may start garnishing her weekly wages to help pay back my student loan. Is that possible? We been married 1 1/2 years.
Asked on May 3, 2011 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your spouse was not a cosignor of or guarantor of your student loan, then her income should not be garnished for your default. However, that does not mean that there may not be consequences to her. For example, your joint bank account (if any) could be garnished; a lien could be put on a house you both own; property of yours could be executed on (sold); and also if the two of you apply for credit or financing, your default and lower credit score will impact the credit or financing that the two of you can get. All that said, at least she should not have to worry about her own personal income or wages being garnished.
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