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?
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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 11 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.
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