Legal Question in Credit and Debt Law in California
boyfriend lives with debtor and is the father of her kid
I have judgment against a person that is not married but is the girlfriend andhas a child with the person that has a job. I know he is the breadwinner. I have had him served with an oex order of examinationI want to garnish his wages. How do I have the judge tie him in as a domestic partner (h eard they can be domestic partners if they live with each other more than a year) and can be in the same category as community property. if i prove they have an acct together,can i garnish him. what do i do
2 Answers from Attorneys
Re: boyfriend lives with debtor and is the father of her kid
They're not domestic partners. There's no such thing in California as common law marriage or common law domestic partnership. However, you're entitled to find out if they commingle their funds -- in a bank account, property, etc. His wages might be off limits, though.
Re: boyfriend lives with debtor and is the father of her kid
Your only hope is that they have a joint account. Otherwise record the judgement against her and let the interest accrue until it's paid. Maybe you should let her know that she'll have to pay 10% interest on the judgement until it's paid off. That just might get her attention.
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