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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87562
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need someone to point me in the right direction. I am getting

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I need someone to point me in the right direction. I am getting married and my future husband has two kids with two different women from previous relationships. One he was married to and the other he was not. He has paperwork with each that I am not 100% clear on but I know that one states certain terms that are very scary such as with his one son (who does have medical issues) he is to cover 100% of medical expenses not covered by her insurance after the deductible is met and 50% before the deductible. Is there a way to protect myself? Can I get the paperwork changed or is there a way to protect my assets before and during marriage. I have substantial assets and he does not. What do I need to consider or look into. I am thinking prenuptials or maybe putting my assets into a trust are options but I really don't know where to start. Also if there are things I can do, how do I find an appropriate lawyer. It doesn't quite seem right to go to a divorce lawyer in order to get married.
Any guidance would be appreciated. This is not a lesson I want to learn the hard way.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Please understand that as his spouse, you would not be liable for any of his support obligations under any court orders. In other words, if he fails to pay a one of the mothers and they press the matter in Court, they cannot go after you, your earnings, or your money.

Of course, this gets a little complicated. If the two of you have a joint account, that may technically possibly be levied simply because it is in his name as well.

As such, it may behoove someone in your situation to keep a separate bank account in one's name only for some/all of the money, just in case. Money coming in from employment and other resources may go into this account. This should secure any money as in one's name only.

Creating a trust may not be necessary as the separate bank account should be enough. However, one may do so, but if push comes to shove, trusts are often "pierced" when it comes to child support issues. I look at it with a wary eye.

A prenuptial agreement would only demand that he repay you if any of your money is lost in such a matter, and that is if you divorce. So this is also not a good option.

In the end, the best option really is to HAVE ONE'S OWN ACCOUNT wherein no money of his is deposited and he has no access to take money out from. As such, it could then be shown to be not his, and not be liable for any child support and other legal obligations.

Also if there are things I can do, how do I find an appropriate lawyer. It doesn't quite seem right to go to a divorce lawyer in order to get married.

To talk this over more, an attorney face to face can be helpful, sure. May I recommend the KY Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Thank you for your quick response. I am glad to hear that is all that it will take.


 



  1. I assume this also goes for any business that I am an owner of as long as he is not a co owner? If we were to start a business together would an LLC protect it from them also. Or would it be better to keep the business in my name only. Or would it be best to start the business before we get married in my name?

  2. Is it possible or likely that we could get his child support agreements changed? Because he had nothing at the time he agreed to some crazy things that he may not have if the situation was different (which it will be).

  3. I will check out the link you provided just want to make sure I find the right type that can help me the most. Also, if it is not complicated enough the children are in different counties than us and the cases are actually in a different county than either of us currently live - not sure if it is better to pick a lawyer where we live or where the court is or if that even matters. So would you say the best option is to find a family law lawyer in the county that we live in as the next step assuming that it is possible to rework the agreement.



Thank you again for your help.


Susannah


 

Expert:  Ely replied 1 year ago.
Friend,

You are very welcome. Your kind words make my day better.

I assume this also goes for any business that I am an owner of as long as he is not a co owner?

Right.

If we were to start a business together would an LLC protect it from them also. Or would it be better to keep the business in my name only. Or would it be best to start the business before we get married in my name?

If it is incorporated, it should not be an issue if his name is XXXXX XXXXX it provided that the company is not a "shell" by him, in which case it may be pierced - see here.

Is it possible or likely that we could get his child support agreements changed? Because he had nothing at the time he agreed to some crazy things that he may not have if the situation was different (which it will be).

If he makes less money now than he did before and not through deliberate underemployment, or if he has more children, then this may be enough to modify the support. See here for an estimate of what he would be paying.

So would you say the best option is to find a family law lawyer in the county that we live in as the next step assuming that it is possible to rework the agreement.

I say that this would be to have them essentially confirm this, and give you more in-depth information. A trust may not be necessary (some prefer it, but not I). A separate bank account is best. A corporation is immune to any of his liability provided it actually ACTS as a corporation and not just a shell to hide his money in.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87562
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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