Can both paychecks be garnished?

[iwillriseabove]

My husband and I filed together and now are going through a divorce. The entire payment comes out of his paycheck, but I would prefer for my share to come out of mine. Basically, his part come out of his, mine from mine. Can we do this?

[woeisme]

I guess another question (I don't know the answer) is can you both continue with a joint BK now that you will no longer be married. I think you definitely need to talk to your lawyer about this change in situation, especially considering your expenses will be very changed (assuming two households now instead of 1). I do know that when married you can each have the garnishments split out between both jobs, that's how my husband and I did it initially, although now it comes 100% from my check.

[Flamingo]

Talk to the lawyer handling the Chapter 13 and also talk to your attorney handling your divorce. The Chapter 13 will probably have to be settled as a result of your divorce settlement agreement.

[rrockinggramma]

I went through this. I was told by my court (michigan) that they didn't care how the payment got to them, just that it got paid. However as my now ex wasn't in the game 100 percent, we let the 13 dismiss and then I refiled on my own. At first my attorney was reclutant to file until the divorce was done but we were so close to done that he went ahead and filed it anyway. If your divorce is "friendly" then this might be best although a dismissed bk on your credit report and then refiling is a double hit but sometimes you have to do what you have to do. If he is willing to pay 1/2 and you pay 1/2 then I don't think it would be much effort, other than a notice from the court to have it deducted that way from your paycheck. However, should your ex ever miss his payment, then that will cause all kinds of issues. So, IMHO, if you are BOTH in this chapter 13 together despite the divorce, then do 1/2 and 1/2. IF you are NOT both together, conflicts over whose debt, who pays, etc, then you might want to dismiss and refile on your own, or perhaps see if you qualify for a chapter 7 conversion down the road.