Legal Question in Family Law in California

I want to get married. My concern is, will I have to pay child support? If my boyfriend can't pay it.


Asked on 12/26/13, 4:34 am

1 Answer from Attorneys

I assume you mean your boyfriend, whom you want to marry, owes child support and you are afraid that if he can't pay it an you are married, that you will have to pay it. The answer is a little more complicated than "yes" or "no." You cannot be made personally liable for another person's child support debt. However, when you marry your income and the assets you acquire after marriage become community property - basically meaning both you and the person you marry share it all. If he can't pay his obligations, and if he does not go to court and get the child support reduced or eliminated if he has a right to that (such as if he loses his job) the mother and/or the Dept. of Child Support Services can go after any money or assets that are "his." Since much of what is "yours" after you marry is also "his" because of community property, they can go after any accounts or assets that are community property. The one protection that you have with child support, however, is that it is very difficult if not impossible for them to go after community property that is not held in joint accounts. So if there is any risk of him not being able to pay the first thing to do is go to court as soon as possible to get the support order reduced to what he can afford. The court can make the reduction retroactive to the date you file for a modification, but not before; so the sooner you file after you need a change, the better. If that fails, start putting your paychecks in an account only in your name, and don't acquire any assets jointly until his situation is resolved.

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Answered on 12/26/13, 9:00 am


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