Legal Question in Family Law in Utah
Child Support, Alimony & Garnishment
I got laid off from my job 3 months ago. Since that time, I have been looking for new work and can say that I haven't been slacking off on looking, but I haven't gotten an offer yet.
I filed to modify our Decree and the amount of Child Support and Alimony. My ex-wife has garnished my unemployment, even though I was already paying her 80% of the amount I receive every week.
Now she has threatened to garnish my new wife's wages.
Can she be granted a garnishment of my new spouse's income? My new wife is already paying the insurance premiums on my 3 children and is paying most of my bills.
2 Answers from Attorneys
Re: Child Support, Alimony & Garnishment
Your new wife is not a party to the divorce decree and cannot have her wages garnished. Your wages can be garnished, but there are limits. In your motion to reconsider support and alimony, the court will impugn to you the amount of money you have historically been able to make, unless you show that your earning ability has changed or there are changes in your industry. You are entitled to credit for one half of the cost of insurance that you (or your wife) is paying.
Re: Child Support, Alimony & Garnishment
The obligation of child support is yours alone and not your wife's. One word of caution; she may try to garnish joint bank accounts, which she could probably do. With respect to insurance, the Utah Code states that you are entitled to a credit of 1/2 of the insurance premium paid by a parent for the benefit of the child.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
