Legal Question in Family Law in Missouri
child support & remarrying
I am engaged to a man who has two children, his ex-wife is primary custodian and he pays child support. She has threatened to go after my income if we go married, so she could get more in child support. All parties involved live in Kansas, but the divorce and child support order are in Missouri. Is it possible for her to go after my income, for her children?
1 Answer from Attorneys
Re: child support & remarrying
If you marry this man and his ex-wife files a Motion in the Missouri Court which granted the divorce seeking an increase in child support, your income will not be included in the calculation of child support under our statute, Supreme Court Rule, Form 14, or guidelines thereto. The ex-wife could certainly never garnish your wages for his child support obligation. However, if the ex-wife executes against his tax refunds and you are filing jointly, the refunds will be held up and you will have to file an application to have your share released under the applicable "innocent spouse" rules. I hope that this response has been helpful. If your potential husband has any questions about this matter I would suggest that he contact the attorney who represented him in the divorce.
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