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marrying someone who owes back child support

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ladybug94513

Junior Member
What is the name of your state?What is the name of your state? CA

I have been dating someone for a year. We have discussed marriage in the future. I would like to know if my financial status will be compromised to pay back his child support debt. Will they attatch my wages? Can I get a pre-nup to keep them from taking my income to pay back his child support?

the situation is: He owes back child support for his children. The mother got on Welfare and claimed she had no idea where he was etc (false). He now owes 67,000$ in back child support (which includes all the welfare money he needs to repay for her).

I know some of you may question my decision to marry him-but aside from his child support debt, he is a great guy and has a huge heart. He feels defeated. How can he possibly pay all that money back @ 10% interest per month?

Any suggestions re: a pre-nup or ways to not get my income involved?
 


brisgirl825

Senior Member
A pre-nup helps but you should never own anything jointly ie houses, cars, bank accounts.
Sometimes if the court feels a spouse is helping the obligor be under or unemployed, they can take your income into considertaion. However, they can't garnish your wages.
 

HomeGuru

Senior Member
ladybug94513 said:
What is the name of your state?What is the name of your state? CA

I have been dating someone for a year. We have discussed marriage in the future. I would like to know if my financial status will be compromised to pay back his child support debt. Will they attatch my wages? Can I get a pre-nup to keep them from taking my income to pay back his child support?

the situation is: He owes back child support for his children. The mother got on Welfare and claimed she had no idea where he was etc (false). He now owes 67,000$ in back child support (which includes all the welfare money he needs to repay for her).

I know some of you may question my decision to marry him-but aside from his child support debt, he is a great guy and has a huge heart. He feels defeated. How can he possibly pay all that money back @ 10% interest per month?

Any suggestions re: a pre-nup or ways to not get my income involved?

**A: get out of your fairy tale lady. "He is a great guy and has a huge heart" Now what elements and criteria did you use to draw such a false conclusion?
If he owes $67K in child support; how the f can he be a great guy and have a huge heart? Why not ask his kids. Boy are you in the freakin state of denial. What is the next chapter in your fiction novel? Does the first chapter start out with "Once upon a time**************..?
 

ladybug94513

Junior Member
garnishing wages

they can take my income into consideration and raise his amount? or take it into consideration and attempt to garnish my wages? Will a pre-nup guarantee that they cant touch my wages?
 
B

betterthanher

Guest
ladybug94513 said:
they can take my income into consideration and raise his amount? or take it into consideration and attempt to garnish my wages? Will a pre-nup guarantee that they cant touch my wages?
They can not touch your wages as you have no legal obligation to children that are not yours.

BUT if he were to become under/unemployed for a period of time, it is POSSIBLE that your income could be factored in.
 

brisgirl825

Senior Member
ladybug94513 said:
they can take my income into consideration and raise his amount? or take it into consideration and attempt to garnish my wages? Will a pre-nup guarantee that they cant touch my wages?
If you want a pre-nup, you should contact an atty who will help you in that dept. Every state is different in regards to pre-nups.

They can't attach your wages for kids that aren't yours. However, the state wants it's money and the sooner the better. Your income is going to help dad ease his obligations ie not paying as much for rent, food, lights etc b/c you are there to help. They may start taking more out of his paycheck b/c he has you to fall back on.

You should seriously consider how much you want to support him. And think about what HomeGuru had to say.
 
B

betterthanher

Guest
brisgirl825 said:
If you want a pre-nup, you should contact an atty who will help you in that dept. Every state is different in regards to pre-nups.

They can't attach your wages for kids that aren't yours. However, the state wants it's money and the sooner the better. Your income is going to help dad ease his obligations ie not paying as much for rent, food, lights etc b/c you are there to help. They may start taking more out of his paycheck b/c he has you to fall back on.
ACtually, federal credit laws prohibit actually garnishing more $$. A married person can only have 50% of their weekly tax-home (or something like that) garnished. Or 55% if in arrears.
 

brisgirl825

Senior Member
betterthanher said:
ACtually, federal credit laws prohibit actually garnishing more $$. A married person can only have 50% of their weekly tax-home (or something like that) garnished. Or 55% if in arrears.
I realize that but since she didn't say how much was being taken, I wanted to let her know that it may be possible for more to come out. It is better to know beforehand so as not to get into a worse financial situation, ya know? ;)
 
ladybug94513 said:
....he is a great guy and has a huge heart. He feels defeated. How can he possibly pay all that money back @ 10% interest per month?
That comment actually amazes me. If he is such a great guy with such a "huge heart," you seriously need to ask yourself where was that big heart when it came to supporting his children. $67,000 in arrears is YEARS of not paying. We're not talking about "Well, he lost his job for a few months." It makes no difference that mother says she couldn't find him. HE KNEW HE HAD CHILDREN!!!!! Why didn't he pay the child support? Defeated? My ass!!! That's a manipulative line he's used to pull the wool over your eyes sista!!! His not paying the CO was obviously damaging enough to land the mother on welfare!!!! To me that's not a "huge heart." That's negligent. He allowed his children to grow up like that!!! I hope you have a big wallet, hon, 'cuz there isn't a prenup written in the world that's gonna save you from being this guy's sugar momma!!!
 

Zephyr

Senior Member
SingleMom67 said:
That comment actually amazes me. If he is such a great guy with such a "huge heart," you seriously need to ask yourself where was that big heart when it came to supporting his children. $67,000 in arrears is YEARS of not paying. We're not talking about "Well, he lost his job for a few months." It makes no difference that mother says she couldn't find him. HE KNEW HE HAD CHILDREN!!!!! Why didn't he pay the child support? Defeated? My ass!!! That's a manipulative line he's used to pull the wool over your eyes sista!!! His not paying the CO was obviously damaging enough to land the mother on welfare!!!! To me that's not a "huge heart." That's negligent. He allowed his children to grow up like that!!! I hope you have a big wallet, hon, 'cuz there isn't a prenup written in the world that's gonna save you from being this guy's sugar momma!!!
chuckling at my desk while I am supposed to be working :D
 

VeronicaGia

Senior Member
ladybug94513 said:
What is the name of your state?What is the name of your state? CA

How can he possibly pay all that money back @ 10% interest per month?
Interest is 10% per year, not per month.
 

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