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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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Can ex wife garnish my wages if I paid for her rent? She wants

Resolved Question:

Can ex wife garnish my wages if I paid for her rent?
She wants to break the lease and its under my name.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Are you asking if your ex wife's landlord can garnish your wages if your ex wife breaks the lease and the landlord gets a judgment against you?
Customer: She wants to break the lease. I won't allow it. I've been paying her rent for the past year and a half. This month she wants me to give her the money instead of paying rent, but I don't want too break the lease because its under my name and she only has one month left. She is threatening to garnish my wages if I give the check to the apt instead of her
Expert:  AttorneyCook replied 1 year ago.
Dear Sir: It may be possible that she can garnish your wages. Please read the enclosed explanation. Your wife may have success in garnishing your wages, IF upon divorce, your divorce decree specified that you would pay her a certain amount in child support or alimony (or spousal support). If your divorce decree specified that you would pay her a certain amount, and it was agreed in the decree as well that she could garnish wages in order to collect the amount, then she can have success in enforcing this provision of the decree.

To begin a wage garnishment, your wife will have to get a Writ of Execution completed. She will fill it out and send it to the california county with a small fee. The clerk will then issue notice to the employer to start to withhold income.

If, however, the decree does not state that you will pay child support or spousal support, your wife will not likely succeed in modifying your decree to obtain this wage garnishment. If the Decree stated that she has to apply the funds to your rent in the apartment, you can work to enforce that portion of the Decree in the california court where you were divorced. However, if the decree did not make paying the rent a condition of any kind, then she is not obligated to pay the rent.

The answer to this question, in other words, brings you back to the language of your original decree. Though you may not have any success at this, you may consider telling her that you had an implied contract with her, that was formed by her conduct, for her to pay the rent. If she does not pay this last month's rent, that her behavior will result in damages to you, and you plan to bring action against her for breaching the implied contract that the two of you have formed. Though this is not a great solution, it is the only one I can offer with the information provided at this time. It may be enough to motivate her to apply the funds to the rent just this last time.
I send you my finest regards.
Customer: replied 1 year ago.
Even though I pay her rent she can still garnish my wages? Can I fight her on garnishing my wages?
Expert:  LADY LAWYER replied 1 year ago.
Hi again,

Is there any sort of a court order that says you have to pay her a certain amount per month?

Customer: replied 1 year ago.
In our divorce contract. But for the past year and a half I have been paying for the rent with her alimony and she has said nothing until now.
Expert:  LADY LAWYER replied 1 year ago.
If there is a court order saying you have to pay her directly, then that is what the court is going to require. However, in a situation like this, what happens in theory and in practice can be two different things.

If you go ahead and pay this last month in order to protect your credit (because you would be sued if your name is XXXXX XXXXX lease), then it is doubtful a court would do anything about it. Your ex would have to file a contempt motion and then go back to court. Since you are only paying her rent for ONE more month and then you can start giving her the alimony directly in July, she won't even get in front of the judge before then.

And no, the court would not garnish your wages because she has been accepting alimony in the form of you paying her rent and now she is choosing to complain about it. The court may consider garnishment if you continuously missed your alimony payments to her. But again, since you are going to start paying her directly in July, they will not garnish. You don't have anything to worry about here.

If you have any further questions about this, please just let me know. I am happy to keep assisting you. If you do not have any further questions at this time, would you kindly leave me a positive rating for the service I have provided you today? This will cost you nothing further to do, but it is the only way that the site will pay me for my time spent with you. Thank you so much!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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