Legal Question in Family Law in New Jersey
Child support
My fiance is in the rears on child support. When we get married can my check also be garnished?
2 Answers from Attorneys
Re: Child support
NO, your check can not be garnished for his child support.
I must assume from what you have said, that his paycheck is now garnished to pay child support, and he is in arrears because he failed to pay the child support when it was due.
Do you have a child with this man?
Please, and you will not like this, please consider very, very carefully whether this man is stable, dependable and the right person for you to marry.
Good luck to you.
Re: Child support
I am guessing that the finance owes child support for the child of another person. A new spouse cannot be held liable for the support of another person's child generally unless that person acts in place of the parent (in loco parentis) and later seeks to disawow support in certain cirmcumstances where the other parent has acted in reliance upon the non-parent's support-- for example -- in not seeking support from the biological parent. That is an unusal circumstance and usually relates to a longer term relationship. If this seems to be you or if you still have doubts, you should consult with an attorney.