Legal Question in Family Law in California

Hi! My fiance and I are planning on getting married next year and I have a financial question. He has 3 children from a previous marriage 2 of whom are now over 18 and the 3rd will be 18 next month. He owes back child support which payments have been coming out of his paychecks for the past 1-2 years. My question is: If I marry him will the state (or child welfare services) try to come after me for payment of his back child support if something happens to him? How can I protect myself if this happens?

Thanks


Asked on 10/02/09, 8:06 pm

1 Answer from Attorneys

Only the paying parent's income can be taken for back or current child support. The state favors remarriage, and it would put a HUGE damper on a lot of romances if new spouses could be on the hook for child support. So new spouses are well insulated.

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Answered on 10/02/09, 10:53 pm


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