Legal Question in Family Law in California

what can I do now to keep the exwife from going after my money for child support when I marry her exhusband?


Asked on 9/26/10, 4:27 pm

3 Answers from Attorneys

Gary R. White Burton & White

Your money even after marriage is not liable for his pre-existing child support obligation. To be safe you should keep "your money" in separate account(s) without his name of social tied to the account(s). Any assets that is put in his name and your name may be subject to the child support obligation. Consult an attorney if you are really concerned.

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Answered on 10/01/10, 4:41 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. White is wrong, your money that you earn during marriage would be considered community property, and would be liable for a prexisting child suport obligation. The exception to this rule is placing your earnings in an account that your new husband does not have the right to withdraw from.

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Answered on 10/03/10, 6:36 pm

Your question is not clear as to whether you are concerned about the ex going after your assets to satisfy current or back support orders, or whether you are concerned about the ex getting an increased support order due to your income being added to his. On the first issue, the information you got is correct. Once you marry, your income is community property and can be used to satisfy your new husband's debts, unless it is segregated from his income in an account he has no legal access to. Of course if he just pays his support as ordered, that's a non-issue. As far as going for more support due to your income, however, she would have no right or way to do that. The only reason a new spouse's income is an input in the support software is that it affects taxes. Since the support formulas include a calculation of "disposable income" before determining how much disposable income is allocated to support, the taxes need to be calculated. So tax brackets, deductions, etc. all factor in. But the new spouse's income is not included in the income available for support.

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Answered on 10/06/10, 11:55 pm


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