If a woman marry a man that owes child support, can she be held liable?

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If a woman marry a man that owes child support, can she be held liable?

Can the wife’s income be garnished to satisfy the child support if she makes more than the husband or can they use the wife’s income to determine how much child support is paid?

Asked on March 29, 2012 under Family Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

For pre-marital debt, the pay order is like this: his separate property, community property, and your separate property. Theoretically the child support incurred in marraige will be community debt that you would be liable to some extent. You income has no bearing on the support amount. It may, in a sense, lower the support a little since together you would pay more taxes.


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