Property in Spouses name - Other spouse owes child support

[inspiringmind]

What is the name of your state? Ohio

Here is the deal....hubby owes back child support. I came into some money. I know it isn't my debt, so if I buy a house in Ohio, only in my name and have a seperate banking account, then the child support enforcement can't touch any of that right?

 

[BelizeBreeze]

What is the name of your state? Ohio

Here is the deal....hubby owes back child support. I came into some money. I know it isn't my debt, so if I buy a house in Ohio, only in my name and have a seperate banking account, then the child support enforcement can't touch any of that right?

How are you 'coming' into this money? Is it part of the child support hubby owes and has stuffed in his mattress?

 

[inspiringmind]

How are you 'coming' into this money? Is it part of the child support hubby owes and has stuffed in his mattress?

I won a sweepstakes. Actually I won a car, which I will be selling. And then I will have the money. So you can save your sarcasm. I really just wanted to know if I bought a house or had a seperate account if they could get any money from me in Ohio. Actually I think that I may already have my answer, your one of those people that think that just cause I married my husband that I should have to pay his debt, that was created well before we ever met. I don't think so...it isn't my debt and the money is in my name. I believe the answer then is yeah, if I have it in my name only then they can't touch it and for some reason this peeves you.

 

[BelizeBreeze]

I won a sweepstakes. Actually I won a car, which I will be selling. And then I will have the money. So you can save your sarcasm. I really just wanted to know if I bought a house or had a seperate account if they could get any money from me in Ohio. Actually I think that I may already have my answer, your one of those people that think that just cause I married my husband that I should have to pay his debt, that was created well before we ever met. I don't think so...it isn't my debt and the money is in my name. I believe the answer then is yeah, if I have it in my name only then they can't touch it and for some reason this peeves you.

Well guess what sweetie. The answer isn't that cut and dried. But since you want to be a bitch find the REAL answer elsewhere.

 

[inspiringmind]

Well guess what sweetie. The answer isn't that cut and dried. But since you want to be a bitch find the REAL answer elsewhere.

You sounded a little cad in your original post. That's all. I just wanted to say that hubby does pay Ohio child support over $500 a month. Anyways, our thought was that as long as we don't live in a community property state that anything in my name would be "safe".

 

[BelizeBreeze]

You sounded a little cad in your original post. That's all. I just wanted to say that hubby does pay Ohio child support over $500 a month. Anyways, our thought was that as long as we don't live in a community property state that anything in my name would be "safe".

She has a claim on 1/2 of the 'lottery' winnings for back support.

Ohio Rev. Code Ann. § 3105.171, which became effectiveJanuary 1, 1991, contains definitions of the terms “marital property” and “separate property.” Under this statute,
property acquired during marriage is deemed to be marital


Ohio Rev. Code Ann. § 3105.171(A)(3) providesa) “Marital property” means, subject to division(A)(3)(b) of this section, all of the following:

(i) All real and personal property that currently isowned by either or both of the spouses, including, butnot limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;

(ii) All interest that either or both of the spousescurrently has in any real or personal property, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;

(iii) Except as otherwise provided in this section,all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage

 

[inspiringmind]

She has a claim on 1/2 of the 'lottery' winnings for back support.

Ohio Rev. Code Ann. § 3105.171, which became effectiveJanuary 1, 1991, contains definitions of the terms “marital property” and “separate property.” Under this statute,
property acquired during marriage is deemed to be marital


Ohio Rev. Code Ann. § 3105.171(A)(3) providesa) “Marital property” means, subject to division(A)(3)(b) of this section, all of the following:

(i) All real and personal property that currently isowned by either or both of the spouses, including, butnot limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;

(ii) All interest that either or both of the spousescurrently has in any real or personal property, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;

(iii) Except as otherwise provided in this section,all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage

Next question then....What if we are moving to Ohio after I get the winnings? I mean, right now I live in Wyoming and we were planning on moving to Ohio. So, I get the car, sell it, then I have the money, but now the money I have isn't directly from lottery winnings. It is from a sale of my vehicle. Is it still the same? (And then I was thinking that wouldn't that be saying that if I had a job and put the money into my own account that she could still claim half of it?)

 

[BelizeBreeze]

Next question then....What if we are moving to Ohio after I get the winnings? I mean, right now I live in Wyoming and we were planning on moving to Ohio. So, I get the car, sell it, then I have the money, but now the money I have isn't directly from lottery winnings. It is from a sale of my vehicle. Is it still the same? (And then I was thinking that wouldn't that be saying that if I had a job and put the money into my own account that she could still claim half of it?)

Then the State attorney General of Ohio can file fraud charges against you and you can go to prison (depending on the amount of the fraudulent transaction)

 

[MrsK]

Next question then....What if we are moving to Ohio after I get the winnings? I mean, right now I live in Wyoming and we were planning on moving to Ohio. So, I get the car, sell it, then I have the money, but now the money I have isn't directly from lottery winnings. It is from a sale of my vehicle. Is it still the same? (And then I was thinking that wouldn't that be saying that if I had a job and put the money into my own account that she could still claim half of it?)

How is it, exactly, that the CP will find out you won a car, and that you are planning to sell the car?

 

[BelizeBreeze]

How is it, exactly, that the CP will find out you won a car, and that you are planning to sell the car?

Now think about that for a minute. It's NOT the ex wife that they should be concerned about but the state attorney general. Now, ask yourself, how the state AG would find out?

 

[inspiringmind]

How is it, exactly, that the CP will find out you won a car, and that you are planning to sell the car?

Exactly my point. And I am on this posting board with no other information so they would never be able to find out. Ok I did say what states I am or am going to be in. but Wyoming is a big state. So is Ohio. I seriously doubt the AG is going to go after me. Now I could see them going after me and/or hubby if HE won something and put it into my name, but that isn't the case here.

 

[MrsK]

Now think about that for a minute. It's NOT the ex wife that they should be concerned about but the state attorney general. Now, ask yourself, how the state AG would find out?

I dont know...but I was just asking because I was curious

Do tell, though...how would the AG find out?

 

[BelizeBreeze]

Exactly my point. And I am on this posting board with no other information so they would never be able to find out. Ok I did say what states I am or am going to be in. but Wyoming is a big state. So is Ohio. I seriously doubt the AG is going to go after me. Now I could see them going after me and/or hubby if HE won something and put it into my name, but that isn't the case here.

Then you are an idiot. Because before you sign for that car you will be required to fill out a tax form. This will be cross-referenced with your FEDERAL tax information which is linked to your husband's information which will have a hold on it for all such proceedings.

You actually came to a legal forum to find a way to commit a felony? you really need an attorney .

 

[inspiringmind]

Then you are an idiot. Because before you sign for that car you will be required to fill out a tax form. This will be cross-referenced with your FEDERAL tax information which is linked to your husband's information which will have a hold on it for all such proceedings.

You actually came to a legal forum to find a way to commit a felony? you really need an attorney .

It still wouldn't matter cause in either case with taxes I simply file injured spouse and I get the money. And in the end it is still mine. This isn't even along the same lines though, it is not like we are filing for taxes and gettin a return. There is still NO way for them to legally take any money from me, just because I am "linked" to my husband at the federal tax level. The feds would look at it and say, well they are linked, but it is HER money. I did find someone else who is in law school and asked them and they said no there is no way to get any of my money.

 

[BelizeBreeze]

It still wouldn't matter cause in either case with taxes I simply file injured spouse and I get the money. And in the end it is still mine. This isn't even along the same lines though, it is not like we are filing for taxes and gettin a return. There is still NO way for them to legally take any money from me, just because I am "linked" to my husband at the federal tax level. The feds would look at it and say, well they are linked, but it is HER money. I did find someone else who is in law school and asked them and they said no there is no way to get any of my money.

Fine, you take a law school student's advice. But the next time you come here asking why you are in prison remember what an attorney who GRADUATED law school told you.

and by the way genius, Injured Spouse ONLY applies to your 1/2 of the marital asset.