What to do if my future husband has an ex-wife that he pays regular child support to yet is still in arrears because of the excessive amount he is obligated to pay?

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What to do if my future husband has an ex-wife that he pays regular child support to yet is still in arrears because of the excessive amount he is obligated to pay?

His deduction is at the maximum allowable, 65%. My question is this.Is there a way to protect myself from the ex-wife getting into not only my wallet but interest in my home or future inheritance?

Asked on October 24, 2012 under Family Law, Florida

Answers:

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

Answered 8 years ago | Contributor

Generally speaking, only the parent is responsible for providing support for their children.  This means that you cannot be compelled to give her child support for a child that is not yours.  However, where spouses usually get stung is when they cannot prove that certain things are theirs and funds/assets become co-mingled.  The best way to protect yourself, your pocketbook, and your assets is to keep them as divided as possible.  Keep a separate checking account for your funds.  It sounds cruel, but do not put him as an authorized user, because the courts could see the access and deem those as funds at his disposal.  Do not add his name to any titles of property that your currently own or inherit in the future.  The more clearly you can show what assets/income are yours and what assets/income are his, the more insulation and protection you will have against his ex- claiming that your income is his income.


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