California- I am a stay at home(unemployed) mother of 2 from my present marriage.I just found out I owe child support for my oldest son.His paternal grandmother took custody of him when I was a teen and got on welfare to support him..I expected to hear something sooner or later but now I am concerned that they will take my husbands pay check/ income tax any finances that they can get their hands on.Does anyone know if they can do that:confused
No, they cannot garnish your husband's paycheck. They also cannot take your husband's share of the tax refund if he fills out an injured spouse form with your joint tax return. As you have no income, that means that he should get almost all, if not all of the refund. An injured spouse form can also be filed after the fact, as well.
However, as you have already been told, joint bank accounts can be levied, liens can be placed against joint assets etc. Therefore your husband should protect himself by having his paycheck deposited to an account in his name only and you should avoid owning assets jointly.