My wife filed for BK 8 years ago with her now ex-husband and re-affirmed a $3000 debt. He took the furniture. On my 2008 tax return a judgment allowed for a garnishment of the full $3000. Last year they got all of my $1000 Utah state return because the ex can't be found. My wife has zero income thus the $ came from me. How can I stop this? As a temporary stay can we claim "married filing separate" to stop them from getting my $? What are our options now and in the future? Can I get any of my $ back?
1 Answer from Attorneys
Your facts are not completely clear. However, if there is a judgment outstanding against your wife, if you file a joint return the funds can be garnished. If she has no income, and does not file, then there would be nothing to garnish. If the judgment was against the both of them and he was obligated to pay,you can file suit against him based on the divorce decree to indemnify you for the judgment and your attorney fees.
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