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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

He owes around $20,000. We live in Iowa and 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 there is any?

Asked on December 7, 2012 under Family Law, Iowa

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, a non-parent is never liable for the support of a child that is not theirs. Your income, even after marriage, will not be included in the calculation of his child support order. Additionally, you can't be compelled to pay your husband's child support obligation and his ex- could not submit a garnishment order to your employer. 

However, issues do arise when funds are co-mingled.  For example, if you had a joint account, then the funds could look like his money too-- which could, therefore, be funds available to satisfy a child support order.  You are on the right track with regard to keeping everything separate to keep a clear track of which funds/propert are from your earnings, and which funds/property are from his earnings.  That's one of the best defenses to prevent his ex- from trying to attach your funds.  The only remaining factor is taxes.  Because you are filing a joint return, if you were entitled to a refund, then the enforcing agency could potentially attach that return.  If you don't want your potential refund garnished, then keep with the same principle and file separate returns as well.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption