Saturday, October 5, 2013

Can my ex wife stake claim to my new wife's income

Q:  I am disabled and so is my ex wife spousal support ended with me becoming disabled. Can my ex wife try to receive any money from my new wife

A:  David's Answer:  It is unclear whether you are making a statement or asking a question in your phrase "is my ex wife spousal support ended with me becoming disabled." If you're posing a question, the answer is that you'd need to file a petition to modify or vacate the spousal support order (assuming there is one in place). Also, if it's your ex-wife, then you would presumably be paying maintenance, not "spousal support." Finally, it's not that your new wife's income could be garnished, but if she's essentially supporting you, then the Court could consider that you, in effect, do have an ability to pay at least the arrears. You're best advised to schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment.   --  David Bliven, Westchester Child Support attorney (

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