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44 Cook Street, Suite 100

Denver, CO 80206

Child Support Forcing Financial Crisis

Since being married to my husband of 2 years he has been making his child support payments to his ex-wife on time since having had gone back to court a year and a half ago. Although, he had been in the arrears for some time prior to that and since going to court is paying an additional $100 per month in hopes of someday catching up. He missed his January payment due to some unforseen financial strains we encountered and on Thursday child support enforcement garnished $900 from our joint account in which I’m the primary account holder and on Friday garnished my $1100 payroll direct deposit leaving us with nothing. The account is majority funded by my payroll direct deposits with little contribution from him, so is there any way of filing an injured spouse claim and having my monies returned?

Unfortunately no. You must have a separate bank account with your name only. You are at risk if both you and your husband’s name are on any bank account. If your husband’s name is on any account, regardless of whether or not it is primarily your money, the account can be garnished.