Legal Question in Family Law in Indiana
remarriage and child support
my boyfriend and i are thinking of getting married. he is divorced with children and this will be my first marriage. i would like to know if i will be held responsible for any of his back child support should he stop paying and goes to jail for it and what legal circumstances i would be looking at regarding his support.
1 Answer from Attorneys
Re: remarriage and child support
As a spouse of a person owing a duty to pay child support, you incur no liability to see that it is paid nor to contribute to the support. Occasionally, if one parent is not working becuase of a remarriage, then the spouse's income might be considered by the Court in determining the amount of support due, but the spouse is not liable for any payment. If the parent is committed to jail for non-payment of child support, you do not have an obligation to obtain funds for his/her release. Of course, that may well have a negative impact on your marriage. Caveat: if you file a joint income tax return and your spouse owes past due child support, the taxes might be intercepted to pay support. You can file an injured spouse claim for your share of the refund (whether you work or not).