Legal Question in Family Law in California
My boyfriend and I are making plans to get married. His ex-spouse has made it a habit to seek more child support on a regular basis. I own a successful company and make decent money. I want to make certain that she cannot get to any of my income or company. Is there a way to protect my earnings from her support demands once we are married?
4 Answers from Attorneys
You have no obligation under the law to support your boyfriends child.
The best way to protect your earnings is to place them in a bank account that is only in your name, and for which your soon to be husband does not have any withdrawal rights for.
Interestingly, your earnings may actually, eventually, decrease your new spouse's child support order. Although your income is not used directly for his support, it does effect his tax status. I would presume that you are in a higher tax bracket than he is. If that is true, then if that puts him into a higher tax bracket, he would therefore have less income for support, so, his child support order would decrease.
Otherwise, if he is in errors in his support, I would agree with you keeping your income in an account without his name on it, otherwise, if child support is going after back support, then they can attach the monies in any account that would also have his name on it. Good luck!