Legal Question in Family Law in Maryland

Marital income and CS obligation

I am getting married in August 1999. My fiance is paying CS (to someone he was never married to)through payroll garnishment. In the event that my soon-to-be-husband ever loses his job, becomes disabled, or otherwise cannot make the payments, is it possible that I would become responsible to pay the CS? What is the legal obligation concerning CS and "marital property" or "marital income"? Is there something I should do to prevent this before getting married?


Asked on 6/10/99, 1:24 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Marital income and CS obligation

Child support is solely the responsibility of the parent and never that of the step-parent. It is based upon the income of the parent, not the joint marital income from a subsequent marriage. However, since "income" for child support purposes includes such things as interest and dividends, it's possible that if you and your husband have joint accounts that generate this kind of income, his half could become subject to child support. Set up any such accounts as joint accounts with right of survivorship and you should be OK.

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Answered on 6/28/99, 5:44 pm


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