Full question:
My husband and I have a joint checking account and on September 4, 2007 the child support collection unit for the state of Illinois froze our account for back child support that he owes in the amount of $4800.00. He doesn't owe any current support because his youngest son turned 18 in March so now he is paying off the arrears. He is and has been paying this since 2003 by way of payroll deduction and income tax interception. Since they froze our account we have had numerous charges that were made on our bank card previous to the freeze go through that were not covered and two checks that were written previous to the freeze that have now bounced. This is a joint account, how can they deny me access to my money for a debt that I am not responsible for? The checks that bounced were written and signed by me, I have never in my life written a bad check and had they not done this those checks would have been paid. Don't I have any rights to that money as a co owner of the account? Please tell me that I can get them to fix this mess they have made.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Texas
Answer:
Generally, a spouse is not liable for the other spouse's debts if the account is individual, and they are not an authorized user, surety, guarantor, or cosigner. However, in community property states, a non-debtor spouse's assets can still be at risk. For instance, creditors may pursue jointly held assets, like a bank account, in cases of bankruptcy, divorce, or litigation. If your spouse has agreed to pay a joint debt but fails to do so, creditors may successfully sue you for that debt. State laws vary regarding which spouse is responsible for certain debts, depending on when the debt was incurred, who the debtor is, or the debt's purpose.
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.