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06-22-2001, 04:48 PM
| | | 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? | 
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. | | |
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