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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Can a New spouse be held responsible for her husbands delinquent child support

Resolved Question:

My Fiance's X is threatening me

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What is the name of your state (only U.S. law)? Maine

My fiance's X has been threatening that when Larry and I are married, since he is behind on child support, that she will be going after my assets. I am retired after 28 years of combined Federal Service. While it is true, he is behind in paying child support, she is directly responsible for that. She bombarded into his home after being told on the phone not to come, and when he escorted her out, she called the police and had him arrested. Since he had ahold of her arm to get her out after several times asking her to leave, they charged him with aggrevated assault and he has since been turned down because of it on every job he has applied for.

She denied him visitation and even speaking to his children for 3 years, but now, since he has tried to put his life back together, she has decided that is not going to happen for him and is harassing us and threatening me. Several people who have known the two of them when they were married have told us that Larry is NOT the father of either girl and have even gone as far as to say who they fathers are. Word is his X got a sucker and is going to ride it for all it is worth. This has already cost him his second marriage.

My questions are:

a. Is there any way she can get any part of my assets or income when we marry?
b. Can a prenuptual agreement stop her?
c. Is there any way we can go back and force a paternity test?
d. How do we stop the harrassing calls?
e. If by some slim chance he is the father (and it would be slim); what rights does he have as the father, because so far, he hasn't had any.What is the name of your state (only U.S. law)?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good afternoon,

I am sorry to hear of your dilemma.

Your fiancee's ex is blowing hot air. They can not attach your personal income or property for payment of his child support arrears.

There is no reason for a prenup. Just be sure not to have a joint checking account or file joint taxes unless you won't be having a refund. She can attach joint accounts and the tax refund.

If the children were born during the marriage they are presumed to be his children under the law. It may be way too late to do anything about. However, that would be a question for a local attorney who knows the local judiciary and whether they might be willing to entertain a petition for determination of paternity.

Apply to the court for a restraining order/protective order to refrain her from harassing you.

If he is the father he will have the right to help in the raising of his children, he will have the right to custody or visitation and he will have the obligation of support. The court will hash all that out.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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