Can I stop wage garnishment for my ex-husband's medical debt?

Full question:

I am being garnished for a debt that my ex-husband created prior to our marriage. The company that is garnishing my wages for his medical bills has informed me the bills were started in 1999; we did not get married until 2001. The garnishment was served in his name and my name as his wife. I have been divorced going on 4 years and he is remarried. Our divorce states that he is responsible for his bills and I am responsible for mine. This doesn't seem fair. Please HELP and tell me what forms I could use to stop garnishment from my check.

Answer:

The hospital is not bound by your divorce agreement because they were not part of it. They will look at the insurance contract terms, and if you are listed as the responsible party, they may pursue collection from you. Garnishment typically follows a court judgment, which usually requires that the defendant has had notice and a chance to defend themselves. If the judgment was granted without proper notice or against the wrong party, you may be able to appeal it or quash the garnishment.

Additionally, if your ex-husband fails to pay the bills as per your divorce decree, you could file a motion for contempt in the court that handled your divorce. Generally, one spouse is not liable for the other's debts unless they are a co-signer or the debt was incurred during the marriage in a community property state. However, in some cases, creditors may pursue jointly held assets, like bank accounts, even if the debt was incurred by one spouse. State laws vary on debt responsibility based on when the debt was incurred and who is identified as the debtor.

For more assistance, consider contacting a local attorney who can review your situation and help you with the necessary legal forms. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To look up wage garnishments, you can start by checking your pay stubs for any deductions labeled as garnishments. You may also contact your employer's payroll department for details. Additionally, you can review court records in the jurisdiction where the garnishment was issued. Some states provide online access to court documents, which may include information about wage garnishments.

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