ex-wife sue my hubby for small claim

What is the name of your state?What is the name of your state?California

Hi. I am a newbie here. I would appreciate any advice from you guys. My hubby's ex-wife sue him for small claims of 5,000. She claims that she paid in excess of 5,000 to the appropriate agencies for 1996 and 1997. But in their divorce decree, federal and state tax of 1997 only be paid equally by both. Both are liable to pay 1996 -joint tax=joint liability.My hubby was paying it from 1997-2000. When he found out that she wasn't paying,He decided to stop. She paid it year 2001-2003. They don't have a verbal or written agreement that she should pay his share of debt. We currently have a compromise agreement with IRS for a year which we are paying since May 2004. We can't afford to pay her the lumpsum amount. We can only pay her at least $100-200 per month. Will the judge allow to garnish all my husband's salary? what are the steps we should be doing? Any advice would be a big help. Thanks.

dc_claire said:

Will the judge allow to garnish all my husband's salary?

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No. In the event that a judgment is rendered against him, California follows the federal exemption guidelines of:
"exempts from garnishment 75% of disposable earnings per week, or an amount = to 30 x federal minimum hourly wage, whichever is greater."
Further, they also exempt "for necessaries of life."

thanks

Thanks, jetx for your info. It's good to know that they won't garnish all my hubby's salary. My hubby has emailed her on how much we can pay. Now, we are just hoping that there is no need to go to the hearing coz this would affect his credit. Again, thanks for the help.