Legal Question in Family Law in California
debt
i am about to marry a man who is
currently paying child support but owes
about 15k in back child support. will i be
responsible for paying that amount? will
the irs be able to take my tax returns?
1 Answer from Attorneys
Re: debt
The Department of Child Support Services will be able to take your tax refund only if you file jointly. Your wages may not be attached, but after that, almost anything is fair game, including bank accounts soley in your name and real property solely in your name. After the property is attached, the burden will be on you to prove it is separate property, which may be impossible. I would strongly recommend a prenuptiual agreement. This will protect your separate property and accounts in your name from seizure.
At least you are smart enough to ask an attorney before you get married how to protect your property. I cannot tell you how many people I have consulted with after it was too late.