my fiance owes back child support and we want to get married will i have to pay it

will they take money from my
check,bank, or income taxes?

Asked on May 15, 2016 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do NOT become liable for a spouse's child support or bank child support, so they can't legally take it from your bank account or income tax refund. BUT if you have a joint bank account or file taxes jointly, they could take his share of those monies--and could easily end up going after your share (or part of it), too, thinking it is his, and forcing you to fight to get your own money back. If you are marrying someone with significant debts, you are advised to keep your own finances separate (own bank accounts; file taxes separately; do not jointly buy a house) until he clears up his debts; etc.). Also, keep good records, receipts, etc. to prove what is yours, if the issue comes up.


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