Legal Question in Credit and Debt Law in California

I would like to know how I can protect or how my fiance can protect herself from being responsible for my "arrears" if we marry? She is a great woman we have been dating for over 7 years. I've asked her to marry me but she is afraid that she'll be responsible for paying back my "arrears" - over $75,000.

I know that's a huge sum but hear me out: it shouldn't be that high because two of my children lived with me from 4 & 6 years of age till they were adults (their mother received aid for them the entire time) the court's know of this fraud because I finally went to court to have the two I was taking care of taken off (thanks to the wonderful woman I plan to marry - she completed all the court forms and filed them for me - and I had proof that they lived with me all the years she was getting aid for them) they were 15 & 16 at the time. The other two lived with her. Plus the County added penalties up the butt - which are ridiculous. All the children are now over 18 years of age - none of them or attending college. I have been gainfully employed for almost 8 years and the County has been garnishing my checks the entire 8 years. I'll never be able to pay them back because the penalties add up every month! But that's not my issue here.

Will she be responsible as my wife for my "arrears" even though they began well before our marriage? Are there forms prior to marriage she can fill out to protect herself from having to pay back my "arrears"? Thank you for any help you can provide me with this matter.


Asked on 9/30/10, 2:55 pm

1 Answer from Attorneys

She is not responsible for the child support arrears if you marry. BUT community property can be attached to pay arrears. So you need to keep separate accounts, etc. You are a prime candidate for a pre-nup to make sure all this is covered before you tie the knot. With a good pre-nup, however, she should be quite safe from any collection activity.

Read more
Answered on 10/06/10, 5:55 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California