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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34512
Experience:  16 yrs. of experience including family law.
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My husband was charged federal felony, I want to

Customer Question

Hi, my husband was charged for a federal felony, I want to know how can I protect whats mine and whats for my children. Should I file for divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "protect what is mine"...what is your concern? That the state will seize your property?
Customer: replied 1 year ago.
Yes, my husband is part of the medicare fraud case and is due for sentencing this sept. I'm not sure if the governement will take our home, cars, everything? I am working fulltime and wants to know if the governement will also garnish my wages?
Expert:  P. Simmons replied 1 year ago.
ThanksThe government can not (and therefore will not) garnish your wages.That said, they CAN penalize him (assuming he is convicted of the charges). And that penalty can be enforced against HIS share of your community property. So, in theory, the government could enforce a fine against him and require he sell his property to pay this fine (or face jail time) Divorce will have a similar result... the divorce court will divide the marital property between the two of you.But to answer the question MUST you divorce to protect your share of the property?, there is no requirement you divorce at this point...unless you want to do so (for your own piece of mind, or whatever other reason)...but if you do not the government is not going to take any of your property (but again, they CAN force him to sell his marital property to pay an imposed fine)Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.