Legal Question in Family Law in Massachusetts

Re: If I get married to a non-custodial partent

This question comes up repeatedly, with variations.

You are not obligated to support children who are not your own. No one can put liens on your property or income to make you pay such support that you do not owe.

Your income and lifestyle -can- be taken into account by the Court, if you are (much) more well off than average. In that case, the Court may determine that your support of the non-custodial parent is sufficient to free up the NCP's income. The NCP could then be ordered to pay higher child support than would otherwise be required under the Massachusetts Child Support Guidelines. If you give the NCP an allowance, he or she will pay support from that, too.

If the NCP STOPS working because you make it possible, he or she may well end up on a "seek work" program.

The only way you can ever really get into deep concerns of this type is if you actively assist your future spouse in hiding his or her income and assets. At that point, some hard-nose lawyer will do what he or she can to get into your books and find out where the NCP is hiding assets and income. I personally believe that doing so should be a crime, as it deprives children, but I have yet to be running the legislature.

In any event, I of course urge that you and your intended simply be honest and take care of your obligations -- to the prior children, and to each other. If you need to write a prenuptial agreement to take care of this, all the better -- it will protect you in the long run anyway.

: If I get married to a non-custodial partent

This is always a touch subject, and you should, to the extent possible, keep separate accounts, and arrangements regarding other property.

For a more detailed approach, contact an attorney.

There is a risk by mixing funds together. You will probably not be obligated, but the obligation will be on your spouse. If there are joint assets, DOR can attach accounts in which the name of your spouse exists.

If you have any questions, contact me.