Legal Question in Family Law in Massachusetts
Child Support Issues w/ New Marriage
My boyfriend & I are considering getting married. He owes child support to the state of MA. He's not presently employed, but has been making payments toward the balance in good faith. If we get married, can the state attach my pay to cover his debt? We are not going to share bank accounts or property. Thank you.
2 Answers from Attorneys
Re: Child Support Issues w/ New Marriage
The family court is unpredictable.
The law cases say one thing and the judges do another.
You personally will not be responsible for his child support payments or arrearages, but . . .
this is where the question begins . . .
WILL THEY CONSIDER THE MONEY YOU MAKE AS HELPING HIM PAY HIS BILLS?
wILL YOUR MONEY BE CONSIDERED AS HIS HAVING MORE DISPOSABLE INCOME?
For instance, one well-known case, says Dad went to live with his parents and got a FREE room to live in.
The court said, THAT FREE ROOM was INCOME.
Thay called it PERQUISITE INCOME.
A logical and valid case, BUT RARELY ENFORCED OR APPLIED.
So, if you marry and you pay the mortgage or the rent, and he contibutes nothing, is the half of what you pay for him attributable to him as INCOME?
See the problem. The family court is a Wild West Rodeo Show. You never know whether or how long you will be able to ride the bull.
One lawyer said to me the other day, his mother got divorced three times. He himself has never married. In his eyes, Marriage is one step closer to Divorce.
Look at Goldie Hawn. She never married Kurt whats-his-name, and they are still together. Why bother?
Best of luck.
Re: Child Support Issues w/ New Marriage
They cannot attach your pay; however, if you file jointly and there is outstanding child support owed any tax refund may be intercepted. If this is done, they send you a notice and tell you that if your portion of the taxes were intercepted you fill-out the appropriate forms to recoup your portion.
Other issue regarding your question, were already addressed by Attorney Johnson.
Good luck! Sincerely, Maria Murber