How doI best protect my business from a potential child support liability of my husband?

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How doI best protect my business from a potential child support liability of my husband?

My husband had a fling with a woman that is claiming she is pregnant and due soon with his kid. I don’t want a divorce after being married for 25 years. If she is having a kid and it is his and all this isn’t a bluff, I want to protect my business and income (it’s all mine). He is permanently disabled and on SSI. Would a legal separation protect what is mine or do I need to get a divorce?

Asked on August 25, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your best bet here is to seek legal help from an attorney who can look at your financial situation as it stands and render an opinion.  Generally she can only go against him and his assets.  I understand your concern about what "his assets" will be determined to be in your state but if she can go in to court to prove that assets in your name are marital and subject to attachment for child support, well, that would be some power that the laws would yield her and I am not sure that they do.  His SSI benefits, by the way, can not be garnished for child support payments.  They do not qualify under the law.  Good luck.


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