Legal Question in Family Law in California
Child Custody Payments owed
If one partner owes back child support payments to the state and remarries, is the new partner help responsible for these payments and can the state come after their possessions for those payments?
2 Answers from Attorneys
Re: Child Custody Payments owed
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NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. It depends on the law in the state where the payor lives. In California the payee/DCSS can "go after" all of the payor's separate property and (at least) the payor's one half of the community property. As a practical matter, keep your earnings in a separately titled account to prevent a levy.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Child Custody Payments owed
No, yes. The new partner is not responsible for the back support of someone else's child, but any property held in the names of both partners may be seized.