Yes.
they can, but you should file jointly and so they don't garnish the spouses part, file injured spouse, and I do not know why it is called that but I know my husband owes back support and that is how we have to file so I will get my part.
The one above, who erased my previous answer but goes on to say she doesn't really know what she is signing....well hope she qualifies or it could be criminal...
And no matter what, to avoid the issue, filing seperately is better. And no matter what...getting your spouse to pay their obligations, (like there taxes or supporting their kids) is better. And if your in a community property state, or the debt doesn't come from those very specific things, etc., etc., injured spouse won't work. Accepting it, and when the problem comes up...you'll have serious ones (probably after he abandons you like he apparently may have done to his last), or just fails to pay his taxes now too...maybe lies on them (the current ones YOU ARE responsible for).
You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied against your spouse's past-due federal debts, state taxes, or child or spousal support payments. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. For more information, get Form 8379, Injured Spouse Claim and Allocation.
It is 20% of your wages unless you came to an agreement with whomever you owe before the garnishment was ordered. I am speaking from experience.
Unless you voluntarily agreed to a garnishment clause in whatever payment contract you signed, garnishment can only be done by means of court action (unless we're talking about the IRS here). In the case of court ordered garnishment you can file an appeal to the garnishment order with the court which issued it.
Yes. Any person or organization that you owe a debt to and have not paid that debt can get a court ordered garnishment for any income that you have.
If your state allows garnishment, then you must go to court and get a court ordered judgment, then an execution warrant for the garnishment.
Yes, that is the way a garnishment works. When the credit card company sues you for non-payment of debt, they win a judgment. The judgment can be a garnish on your paycheck or your bank account. It makes no difference who you have a bank account with if they were awarded the garnishment by court.
How do I stop a wage garnishment that was ordered in Missouri but I live in Texas?
No, the maximum amount allowed for debt garnishment is 25% or the lesser amount established by the law of the state of residency; with the first $154.50 of weekly wage being exempt from garnishment. This applies to wage garnishment for debt only, it does not apply to court ordered child support, spousal maintenance or in some cases garnishment action for state and/or federal income tax arrearages.
They sure can in Michigan if it is a court ordered child support payment.
The procedure would be to file a motion in the court where the garnishment was ordered to request the writ of garnishment be vacated or amended.
Not Unless It Was Court Ordered. Child Support & Student Loans Can Be.ANSWER: If a garnishment order is sent by the courts to garnish your wages your employer will most likely comply with the order. If some nut bag creditor tries to garnish your federal taxes it is unlikely the IRS will comply. As far as the IRS is concerned is that is their money and they intend to keep it.
They can only garnish your wages if they took you to court and a judge ordered the garnishment via a judgement. The lender first off must be licensed to be able to take action against you in court. But the only entity who can garnish your wages without a court order is the federal government. No matter what you signed there must be due process. Hope this helps. David Schmidt, PLDR
Some states allow garnishment orders to be enforced when rendered in another state. Others have specific terms, and still others do not allow it. Not knowing the state of residency or the state the garnishment order might be ordered, a specific answer is not possible.