Legal Question in Family Law in California

My boyfriend owes arrears in Orange County, CA. We want to fix the arrears situation (long story short- his wife filed for divorce, spousal and child support. They reconciled, she stopped the divorce but not the support and he continued to be charged $4,000/month even though they were together for a year and a half after she stopped the divorce.) Because of interest and penalties the amount is nearing $175,000. He is working and paying $494/month in child support and $100 in arrears per month. We would like to be married. We share 2 children. I am self-employed and work from home. I make enough to support myself and our children. I understand when we file taxes any returns will be seized. I'm 1099'ed and always end up paying so that makes no difference to me. We keep separate bank accounts. If we were to marry, could the OC DCSS seize my account to pay some of what he owes in arrears? I had a friend have her account seized, but her husband is unemployed and she is the sole moneymaker in the home. So it would make sense to me that they seized her money because he wasn't working and she is his spouse. But if my boyfriend continues to work after we are married and are legally spouses, would my money be seized to pay what would be a "drop in the bucket"?? I had previously asked a question on this site about his ex-wife filing for more support if we were to ever marry and was very pleased with the quick response. Now my only concern is the Dept of Child Support Services. I appreciate any help. I've gotten to the point where I would like to be able to make choices without worrying about his arrears. I've been angry with him and his irresponsibility, but I do love him and he is working hard and supporting all of his children to the best of his ability. He didn't show for the divorce proceedings (may 2005) and was slapped with $1,500 in child support a month and $2,500 in spousal support. All of that continued even after a reconciliation and finally until he filed for a modification in July of 2009, the same month he was able to finally find work in the Title industry. It's a big mess, and I am with him for the long haul. I would just love to hear someone tell me I can get my way, just once. Thank you for any help you can give. P.S. I am taking notes on the lawyers who respond and will do my best to contact one of you when we can financially afford to start fixing this huge mess...Thank You!


Asked on 7/25/11, 9:00 am

1 Answer from Attorneys

First off you really should have a prenuptual agreement if you get married. Then you need to keep your earnings in an account that he has no connection with. If he is not on the account as a joint owner, or even a check signer, they cannot legally go after your earnings for his back support. Turning to the bigger problem, however, he really Really REALLY needs to find the money to hire an attorney and get this fixed. If he was living with the mother of the children and providing support that way, he is entitled to big credits on the arrears. He may also be entitled to have much or all of the arrears wiped out if his ex got such a large amount of support by making false statements in the uncontested proceedings. There is no guarantee this can be undone, but if he doesn't move immediately, with competent Family Law counsel, it is guaranteed it will be too late. You can pay for a lot of attorney time with the $4,000/mo. he is wasting in support obligations he may not owe.

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Answered on 7/25/11, 12:16 pm


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