Legal Question in Family Law in Indiana

I am soon going to be marrying a divorced man with a child support obligation. He has 1 child and has joint custody and we share time (50/50) with her mom, the custodial parent. He still pays child support. We reside in the state of Indiana and we are considering combining all assets. I have no children. We recently saw an attorney to determine whether we should comingle or not especially if his ex were to take him to court for more support. We were told that my assets would still be considered whether they are separate or joint, in addition to my income. Is this true? Also, what is the best manner in which to hold our assets? Joint, separate?


Asked on 12/13/10, 10:06 am

1 Answer from Attorneys

I suggest that you consult with another attorney. Support is based on income not assets so I am somewhat confused as to why the attorney would say that- unless he or she saw something that does not seem to be evident in your posting. Also, generally speaking ( which means that there are exceptions), your income is not included. There is a public policy reason for that. Our culture encourages marriage as opposed to "living in sin". Many people would be deterred from marriage and encouraged to "live in sin" if a second spouse's income is included in child support obligations.

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Answered on 12/25/10, 6:04 am


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