Legal Question in Family Law in Oregon

Rest easy. As a matter of law, a married woman is not responsible or liable for the premarital debts of her husband. His obligation to pay court-ordered child support for a child born to him prior to his marriage to you is a premarital debt. You are not liable for such an obligation.

BUT...under certain, limited circumstances, the "financial advantage," if any, that he receives as a result of your income may be taken into consideration in determining his ability of pay chid support. For example, if after marriage to you he voluntarily quits a good paying job so as to reduce his income to $-0- (and perhaps obtain a child support reduction on that basis), and the reason he can quit his job is because you have enough income to support him, it would then be argued that you income simply replacing the income he was previously earning before he quit his job. The "replaced income" would be considered as the "financial advantage" that he receives as a result of your income.

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LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

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Portland, Oregon 97201

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