Legal Ramifications of Remarrying...

[SinglyMinded]

What is the name of your state? I/we live in Tennessee.

Hello,

I was married to a man and he had a child from a previous marriage. We owned a home together. A child support agency put a large lien on our home and we had to refinance it to pay off back child support that was owed to this child. I understand that the home was acquired during our marriage and was therefore community property and was in both of our names.

Well, there was a subsequent divorce and we went our separate ways for a couple of years.

Now, there is the possibility of my remarrying this man only it has come to light in the interim that a second child has been discovered as having been fathered by him outside of wedlock to a different woman who also resides in Tennessee. Paternity has been proven through DNA testing ordered by the state. A support order is in place and there is a significant amount of back support owed due to the fact that paternity was established after the child had already reached five years of age and in addition to child support all of the prenatal care for the mother and medical care received by the child is his responsibility and rightfully so.

My question is, since I have good credit, a good job with decent income and I own my home, what might the financial impact be to me if I marry (re-marry) this man? I do love him but I have two children of my own to care for. I do not want to get married without knowing what the legal and financial ramifications of doing so are and then based on that knowledge making my decision.

[brisgirl825]

Ok not to be rude here but why would you want to marry him, again, anyway? He is financially and sexually irresponsible. Do you see the red flags anywhere? You figured out he was trash before and divorced, now you are in the same situation and want to do it again?

Find a better man. The world is full of good guys, you just have to look a little harder.

[SinglyMinded]

You are a little rude but that's OK. I will respond anyway. I have known him since we were both kids. Irresponsible doesn't even begin to cover it but that's a good word so I'll agree with you there.

I divorced him to protect the things I have worked so hard for. If I could keep my home and my money safe and be assured that I will not become finanially responsible for his obligations then I would like to be married to this man for many reasons none of which I would expect you to understand after reading one post. But, let's just say for the sake of argument that I am willing to accept this man - worts and all. I just do not wish to lose my ass in doing so. Assuming love is love and business is business I would like a legal answer to my question and not some stranger passing their time by passing judgement on me.

Thanks!

[LdiJ]

Originally Posted by SinglyMinded

You are a little rude but that's OK. I will respond anyway. I have known him since we were both kids. Irresponsible doesn't even begin to cover it but that's a good word so I'll agree with you there.

I divorced him to protect the things I have worked so hard for. If I could keep my home and my money safe and be assured that I will not become finanially responsible for his obligations then I would like to be married to this man for many reasons none of which I would expect you to understand after reading one post. But, let's just say for the sake of argument that I am willing to accept this man - worts and all. I just do not wish to lose my ass in doing so. Assuming love is love and business is business I would like a legal answer to my question and not some stranger passing their time by passing judgement on me.

Thanks!

The only way to protect yourself would be to not own anything jointly with him, at all. However if TN really is a community property state (I didn't remember it being one of them) then that wouldn't give you full protection.

You probably need to get a consult with a local attorney.

[SinglyMinded]

I believe I will find someone locally.

Thanks again!

[Gracie3787]

Originally Posted by SinglyMinded

What is the name of your state? I/we live in Tennessee.

Hello,

I was married to a man and he had a child from a previous marriage. We owned a home together. A child support agency put a large lien on our home and we had to refinance it to pay off back child support that was owed to this child. I understand that the home was acquired during our marriage and was therefore community property and was in both of our names.

Well, there was a subsequent divorce and we went our separate ways for a couple of years.

Now, there is the possibility of my remarrying this man only it has come to light in the interim that a second child has been discovered as having been fathered by him outside of wedlock to a different woman who also resides in Tennessee. Paternity has been proven through DNA testing ordered by the state. A support order is in place and there is a significant amount of back support owed due to the fact that paternity was established after the child had already reached five years of age and in addition to child support all of the prenatal care for the mother and medical care received by the child is his responsibility and rightfully so.

My question is, since I have good credit, a good job with decent income and I own my home, what might the financial impact be to me if I marry (re-marry) this man? I do love him but I have two children of my own to care for. I do not want to get married without knowing what the legal and financial ramifications of doing so are and then based on that knowledge making my decision.

Along with not owning anything jointly you also need to keep all of your income/assets seperate. Do not have a joint banking account, or if you do, don't put any of your money in it. If you will be filing taxes jointly and are due a refund you'll need to file an injured spouse form to recieve your portion of the refund.
Gracie