Legal Question in Family Law in Ohio
can my husbands ex go after my income
I'm getting married 12/8/07 and my future husband has shared custody of his kids and pays child support to his ex wife. when we get married how can I protect my money, savings, 401K etc, from her. She will undoubtedly fight it saying he has more desposible $$ now that he's married to me.
2 Answers from Attorneys
Re: can my husbands ex go after my income
Your income should not be a factor here, unless it greatly increases your future husband's standard of living and disposable income. Massachusetts normally does not change choild support beyond the guidelines despite remarriage, as that would result in you supporting your husband's children.
Mind you, if you are a multi-billionaire, your obligation and ability to support him SHOULD be a factor in reviewing how much of HIS income should be support.
You do not say whether the shared custody is legal or legal and physical. My answer would change if he has shared physical custody, as the Court is not obligated to follow the Guidelines. The Court has and might exercise more discretion.
None of this says that the ex-wife gets ANY of your savings, 401k, etc. They are NOT available for calculating child support. A pre-nup isn't a bad idea, but the ex-wife is not a major factor in my saying this.
Re: can my husbands ex go after my income
I have been hearing more and more judges consider the contributions and assets of a wife or even a significant other.
You may want to consider a prenuptial.
If you have questions, contact me.