Asked in Family Law and Child Support for Idaho

Q: Can the state of Idaho take my money I had prior to the marriage for my husband's back child support?

I received money for the sale of my home in December 2020. I was married in February of 2021. Just added him to my checking acct 2 weeks ago (May 2021) and the state took almost $30,000 of my money for his back support and without any notice.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: No they can't . . . unless you put your money and new husband's money into a "joint checking account" and can't tell which money was your original money and trace out the money which belonged to your new husband. However, in Idaho, all money which is deposited into a joint account is "community funds," and the State will be only happy to take a joint account, challenging you to "trace out" any separate funds which you deposited. If you care, you can always file a "challenge" to the State Tax Commission's determination that the entire $30,000 was "community funds," and if the Tax Commission rules against you, you can appeal directly to the Idaho Supreme Court, who will listen much more carefully! Good luck!

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