Legal Question in Family Law in California

i am starting a divorce in california. my husband has child support arrears. will i have to pay for half of that?


Asked on 3/20/11, 7:42 pm

2 Answers from Attorneys

I assume this is child support arrears from a prior relationship. If so, no, his separate property and his half of your community property is all that can be reached to pay that. However, it can get a LOT more complicated before that is all established. If they start seizing assets, they may grab your assets or your community property share with his. Then you will have to get into a Third Party Claim proceeding, which can be a big hassle and expensive. So the sooner you can settle with your husband and get assets divided into separate accounts, the better for you.

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Answered on 3/20/11, 11:03 pm
Anthony Roach Law Office of Anthony A. Roach

You are not personally liable. The problem, however, is that community property in your current relationship can be attached to satisfy child support arrears. This means your interest in community property is affected.

To protect yourself to some degree, you may want to have your earnings placed in an account that only you have withdrawal rights to.

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Answered on 3/21/11, 11:14 am


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