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Can I ever be held financially responsible for child support?

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Rhino61466

Junior Member
So I am with a woman who has full physical custody of her son from a previous marriage. We plan on getting married soon and I was wondering if I can ever be held financially responsible for child support if my wife is ever unemployed or loses custody? Also if we file a joint tax return can those wages ever be garnished? I currently live in AZ and she is currently in CA, she plans on moving here once we are married.
 


nextwife

Senior Member
Is your plan to help her AVOID financially supporting her children, whether she has primary custody or is the NCP?

Yes, joint income tax refunds, joint accounts and assets can be at risk if she someday defaults on a CS order to pay. But you would never help her walk away from such responsibility, correct?

Why do you believe the father would consent to having his children moved away?
 
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Proserpina

Senior Member
A joint tax refund can be intercepted, and it can be a pita for the other spouse to get that rectified.

Also, any jointly-owned assets - including joint bank accounts - can be attached/levied.
 

Gracie3787

Senior Member
So I am with a woman who has full physical custody of her son from a previous marriage. We plan on getting married soon and I was wondering if I can ever be held financially responsible for child support if my wife is ever unemployed or loses custody? Also if we file a joint tax return can those wages ever be garnished? I currently live in AZ and she is currently in CA, she plans on moving here once we are married.
The only way that you would be ordered to pay CS would be if you were to legally adopt the child.
 

Rhino61466

Junior Member
Ok so I have already gotten people that say yes and some saying no. She currently has full physical custody and the ex husband is supposed to pay CS but isn't. She wants to move to AZ with me for employment but is worried about the court blocking the move. If the court blocks the move and she relinquishes custody I need to know if any part of my salary can be levied for child support with a joint account or tax return? Also if the court allows the move and he (ex husband) gets custody in the summer time, would we have to pay CS for those 3 mo or would that just be considered yearly visitation?
 

Proserpina

Senior Member
Ok so I have already gotten people that say yes and some saying no.

That's not what people are saying.

YOU, personally, will NEVER be ordered to pay your wife's child support obligation.

But any jointly owned assets - including tax refunds - can be attached.

She currently has full physical custody and the ex husband is supposed to pay CS but isn't. She wants to move to AZ with me for employment but is worried about the court blocking the move. If the court blocks the move and she relinquishes custody I need to know if any part of my salary can be levied for child support with a joint account or tax return? Also if the court allows the move and he (ex husband) gets custody in the summer time, would we have to pay CS for those 3 mo or would that just be considered yearly visitation?


Once again, your salary cannot be garnished.

But your JOINT tax refund can be intercepted unless you file injured spouse, and all jointly owned assets can be attached.

Child support is figured over the year; your wife wouldn't be paying her ex child support while Dad has the kids.


But this isn't going to be a problem, is it? Because she'll be fine paying child support..right? :)
 

Rhino61466

Junior Member
Prosperina, you have been very helpful thank you. Correct me if I am wrong but as long as she never loses custody or if she does, we keep our finances seperate, I will never be responsible for CS?
 

Zigner

Senior Member, Non-Attorney
Prosperina, you have been very helpful thank you. Correct me if I am wrong but as long as she never loses custody or if she does, we keep our finances seperate, I will never be responsible for CS?
Ok, one more time. If you don't adopt the child, YOU will never be responsible for child support. PERIOD.
 

Rhino61466

Junior Member
Ok, one more time. If you don't adopt the child, YOU will never be responsible for child support. PERIOD.
That isn't necessarily true which is why I posted on this forum. I have heard of individuals like myself that have never legally adopted the child that still had "joint assets" garnished and or considered for CS payments. I guess I should have made the distinction that a joint checking account I considered as an asset of mine in the initial post. Which is why I needed clarification. So thanks to all who responded.
 
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Zigner

Senior Member, Non-Attorney
That isn't necessarily true which is why I posted on this forum. I have heard of individuals like myself that have never legally adopted the child that still had "joint assets" garnished and or considered for CS payments. I guess I should have made the distinction that a joint checking account I considered as an asset of mine in the initial post. Which is why I needed clarification. So thanks to all who responded.

The problem is that you are asking two different things.

YOU will not be held liable for support of the child in the situation you have given.
The child's parent can be held responsible. Anything the child's parent owns (within the limits of the law) is available for enforcement of support obligations. A joint account is owned equally by both parties. This, it's not YOUR money that is being taken to satisfy the obligation, it is her money.
 

Rhino61466

Junior Member
The problem is that you are asking two different things.

YOU will not be held liable for support of the child in the situation you have given.
The child's parent can be held responsible. Anything the child's parent owns (within the limits of the law) is available for enforcement of support obligations. A joint account is owned equally by both parties. This, it's not YOUR money that is being taken to satisfy the obligation, it is her money.
Ok well you bring up a new question. In a joint account situation does the court take the total of the account or just her monetary contribution for CS payment calculations? I know this is getting very specific but in this economy it is important to know.
 

Zigner

Senior Member, Non-Attorney
Ok well you bring up a new question. In a joint account situation does the court take the total of the account or just her monetary contribution for CS payment calculations? I know this is getting very specific but in this economy it is important to know.
The court looks at her income, etc. The bank account doesn't matter, per se.
 

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