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Fiance's Back Child Support

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Cosette

Junior Member
What is the name of your state? Alaska, children in California

I am marrying a man who has a substantial amount of back child support that he wants to address and make restitution on. I am concerned for the Child Support Enforcement's abilities to attach his debt to my wages as well as his. Does anyone have any experience with this? Advice? Will it be enough to keep seperate banking accounts and all our finances seperate? We are both committed to making sure his responsibilities are taken care of as quickly as possible, but I would like to maintain my credit seperatly.
 
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Phnx02

Member
Cosette said:
What is the name of your state? Alaska, children in California

I am marrying a man who has a substantial amount of back child support that he wants to address and make restitution on. I am concerned for the Child Support Enforcement's abilities to attach his debt to my wages as well as his. Does anyone have any experience with this? Advice? Will it be enough to keep seperate banking accounts and all our finances seperate? We are both committed to making sure his responsibilities are taken care of as quickly as possible, but I would like to maintain my credit seperatly.
Even after you marry this person, your income will not be considered when determining child support. The children are his.....not yours.....and even if you're married to him, you have no financial obiligation to support his children from a previous marriage. Likewise, if his ex remarries, her new husband's contribution to the household will not be considered when determining how much your husband should pay in CS. I am not a tax expert, but I believe that if your fiance is in arrears, and once you marry, if there is ever a judgement made against him for these arrears, then the courts/IRS can come after you too....because of your combined credit status from marrying him. I am not certain....check with a CPA or financial expert.
 

LdiJ

Senior Member
Cosette said:
What is the name of your state? Alaska, children in California

I am marrying a man who has a substantial amount of back child support that he wants to address and make restitution on. I am concerned for the Child Support Enforcement's abilities to attach his debt to my wages as well as his. Does anyone have any experience with this? Advice? Will it be enough to keep seperate banking accounts and all our finances seperate? We are both committed to making sure his responsibilities are taken care of as quickly as possible, but I would like to maintain my credit seperatly.
It will be important that you not co-mingle any of your assets. You need to keep everything separate, including bank accounts, cars, homes etc....even credit cards.

The way that your income can be taken into consideration, is as a contributor to the household. That won't have any effect on his current child support, but could have an effect as to how much extra a court might take monthly towards the arrearages.
 

VeronicaGia

Senior Member
Phnx02 said:
Even after you marry this person, your income will not be considered when determining child support. The children are his.....not yours.....and even if you're married to him, you have no financial obiligation to support his children from a previous marriage. Likewise, if his ex remarries, her new husband's contribution to the household will not be considered when determining how much your husband should pay in CS. I am not a tax expert, but I believe that if your fiance is in arrears, and once you marry, if there is ever a judgement made against him for these arrears, then the courts/IRS can come after you too....because of your combined credit status from marrying him. I am not certain....check with a CPA or financial expert.
She would file an "Injured Spouse" form to receive her portion of the return.
 

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