Legal Question in Family Law in California
I am planning on getting married to a man who pays child support, and I will not be living with him or sharing finances with him for some time. I have been told that I will be legally required to help pay his child support despite the separate finances, and was wondering if this were true and if there is anything (besides not marrying) that I can do to avoid paying his child support.
3 Answers from Attorneys
Get a prenup and keep your finances separate. They can't take into consideration your income, but they can take into consideration your tax bracket.
Community property is liable to pay for one spouse's preexisting child support obligation. To protect your earnings, they should be placed in a deposit acount in which your husband does not have a right of withdrawal and do not commingle your earnings with other community property. (Fam. Code, sect. 911.)
A premarital agreement, called a "prenup" would be an agreement between you and your husband. It would not affect third parties who are not parties to it, such as creditors.
If you keep your earnings in a separate account that your alone have access to, the account cannot be reached to pay his premarital debts, including child support.
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