What to do if I have been with a man who owes back owed child support and now we wish to get formally married but he believes the courts will come after my income and my home?

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What to do if I have been with a man who owes back owed child support and now we wish to get formally married but he believes the courts will come after my income and my home?

He owes around $20,000 in another state. We are considered in a common law marriage. I file him as a dependent under my taxes due to the fact he doesn’t have a steady job and makes under the requirement, so I am able to file him as a dependent. He makes his monthly child support payments. We plan on keeping the house in my name and keep having separate bank accounts if we marry. What would be the ramification of us getting married for his back owed child support, if any?

Asked on November 25, 2012 under Family Law, Iowa

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 11 years ago | Contributor

You have no legal obligation to support  his children.  Child support is based on the income of the biological parents only (unless custody is awarded to a third party).  Accordingly, the mother of his child cannot obtain a modification of child support based on your income or your assets.


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