Legal Question in Family Law in California
im getting married my husband owes both back taxes and back child support he is making payments on them both but once were married will I be liable to pay and will my earnings be attached..
1 Answer from Attorneys
Once a person who owes taxes and/or support marries, the community property the couple acquires can be attached to satisfy any obligation, but the new spouse's wages cannot be attached, and his or her separate property cannot be taken. So the key is to keep the money and assets separate. Make sure your paychecks go into a separate account, and if you want to have a joint household account, only transfer as much as needed into it from your account. A pre-nup that outlines what is your separate property is also a good idea if you have any meaningful assets. Lastly, and most importantly, if he has a payment plan in place with the creditors, help him make sure he sticks to it. They only come chasing assets when you don't make the payments as agreed/ordered.