Legal Question in Family Law in California
I want to marry by boyfriend but he has a child. Will I have to help pay his child support if we get married? I make more money than him and I do not want to be liable.
1 Answer from Attorneys
Your income has to be disclosed if you get married and it is used in the support calculation program, but ONLY because it will affect the taxes on HIS income, since support is based on after tax income. There is almost NO way that your income could be reached to pay the support. The only way your income could be reached is if 1. he defaults on his support obligations; AND 2. his ex gets a writ of execution to seize his assets (rarely happens since contempt of court is a much quicker and usually more effective method); AND 3. you have a joint account with your money in it that he has access to - since if he could withdraw funds to pay, then they can withdraw them for him involuntarily. So the simple solution is for him just to keep current on his support payments and immediately seek an adjustment if he is unable to pay (loses a job or something). If he does get behind, immediately empty and close all joint accounts and only put your income into an account in your name. Hopefully that will never actually be necessary.