Legal Question in Family Law in California
I love in Orange County, CA. My boyfriend is paying current child support and arrears for a daughter from his previous marriage. He is following the court order and paying exactly what was ordered by the judge. We have two children and would like to get married. My question is, if I marry him, can the DCSS or his ex-wife try to come after my wages (I am an indepedent contractor and work from home)? I get paid bi-monthly by check. I am considered a business expense and am not officially on any payroll. Things are not civil between my boyfriend and his ex. He follows all court orders, but is not allowed to see his daughter. She lives out of state with her mother and step-dad. I'm just curious if she could try to cause trouble for me. I work to support my biological children and do not want to feel like my money is going to pay for her and her daughter. I understand if we file joint taxes then the state and fed can seize any return that we may get. But seeing as how I don't pay any taxes during the year, I always end up owing money to the state and feds. Any help would be appreciated.
2 Answers from Attorneys
She can't come after your income, however, if you get married, your income may put the both of you in a different tax bracket, for purposes of the support calculation. If he has a court order for visitation he should enforce it. If not, perhaps he should seek one. Support is usually basded on the respective incomes of the parties, as well as time-share with the child.
BARRY BESSER
www.besserlaw.com
Mr. Besser is correct. In addition, they will not seize a return if he is current. If you filed joint, you could always file for your half as an innocent spouse.
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