Legal Question in Family Law in Louisiana

arrears in support

Is there any way I can pay my husband's child support arrears to his ex, without them coming after him for higher monthly payments?

He is over 15k in debt, and I could pay it off, but would my income suddenly become part of his normal payments?


Asked on 5/03/07, 11:53 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: arrears in support

You can legally pay his arrearage. This should not make you liable for his obligation because it isn't your child. Unless he is essentially living off of your income, your income should not be a part of the calculation.

In my practice I have seen many troubled marriages in which one party entered with substantial debt (especially a child support debt). I suggest that you consider a separation of property agreement. This will protect you from both the child's mother and your husband's financial weakness.

You might then consider having your husband sign a promissory note for the amount you are paying on his behalf and requiring him to pay you back. Once again this is not your child and should not be your burden.

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Answered on 5/04/07, 12:00 pm


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