When my fiance and I get married, can they garnish my wages or take my tax refund for his back child support?

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When my fiance and I get married, can they garnish my wages or take my tax refund for his back child support?

Or is their a form I can fill out so they can’t.

Asked on July 8, 2016 under Family Law, Oregon

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you and your fiance get married and then the two of you file a joint return, they AG could potentially seize the joint return to satisfy back child support.
However, they cannot seize your individual return or any individual accounts.  Only your fiance is responsible for the child support obligation, not you.
As a best strategy, you and your fiance should file separate returns until his back child support obligation is satisfied to prevent your funds from being scooped in the process.


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