Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Marriage, Domestic Partnerships and Other Family Law Matters

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-22-2001, 04:48 PM
wendy.b1
Guest
 
Posts: n/a
Smile

california. he owes back child support to his exwife. we have a child together also. if we get married can she now or in the future touch my house to pay for the back child support. can she increase her child support based on my income? will my tax refund be given to pay his back child support? can we get married through a minister but not turn in the legal paperwork?
  #2  
Old 06-22-2001, 06:28 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by wendy.b1
california. he owes back child support to his exwife.

MY RESPONSE: California is a marital Community Property State. The man is a liability to your future financial situation because of the Community Property laws.

we have a child together also. if we get married can she now or in the future touch my house to pay for the back child support.

MY RESPONSE: Since California is a marital Community Property State, if you marry him, he immediately starts to gain a community property, one-half interest in your house, as soon as your house increases in value.

can she increase her child support based on my income?

MY RESPONSE: Only in rare circumstances, but it has been known to happen. Not likely, but it can.


will my tax refund be given to pay his back child support?

MY RESPONSE: If you marry him, and if you file "married, filing jointly", then yes. But, if you file separately, then no.


can we get married through a minister but not turn in the legal paperwork?

RESPONSE: Until the Certificate is filed, the State has no record of your marriage - - but, that is only procedure. It doesn't mean that you won't still be married, or that your marriage can't be proved by her by other methods. Additionally, any person who marries you must, by law, file the Certificate of Marriage with the County of marriage. So, unless that person signs the Certificate, and files it, your "marriage" won't be valid; i.e., I rather doubt anyone will sign the Certificate and then hand it back to you. The law requires that person to be the person to file the Certificate - - and no one else.


SUMMARY : Unless you're looking for many years of woe, and potential financial hardship, then don't marry him until he gets his "house in order" - - because he could wind up doing the same thing to you.

Good luck to you in whatever decision you make.

Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:43 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.