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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23978
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have a question. I live in California. I am lagally divorced and have a 11 year son.

Customer Question

Hi I have a question. I live in California. I am lagally divorced and have a 11 year son. I shared his custody with his father and I do not get any child or spousal support.
I have started dating a guy who is going through divorce with his wife. He has three children age 12,9,5. He will pay child support.
My question is if I marry this person , what are my obligations towards child support to his ex-wife when he is alive and working ? Also if in case of death what happens to the child support?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good evening. I certainly understand the situation and your concern. The obligation to pay support is his obligation. However, if you marry this man and have joint bank accounts and pool your income, you essentially will be helping to pay. You would not be liable but essentially if he is paying support, you would be paying as well, since it would be an expense you have to incur/share. Now, if he were to pass away, they could likely go after his estate for any unpaid support but you would not be liable to pay for his children, after he passes.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.
Thank you for your answer. I plan to keep accounts and expenses separate if/after I marry him. In that case his financial obligations will be his correct?
Do you recommend I can put something like I will not be hold responsible for financial obligations in pre nuptual .? I and him both are professionals with higher and equivalent income and his ex spouse does not earn much.
Expert:  FamilyAnswer replied 1 year ago.
Yes, if you did that then there would be no dispute. Moreover, you can enter into a prenup advising of that BUT it would be between you and him. It would not have any legal effect between you and his Ex.
Customer: replied 1 year ago.
Ok. Do I have any legal effect between me and his ex ?
Expert:  FamilyAnswer replied 1 year ago.
No. His obligations to pay are between him and her and she could not just go after you, to pay his support, if he failed to do so.
Customer: replied 1 year ago.
Great . Thank you.
Customer: replied 1 year ago.
One last question, this is true under california family law . Correct ? we live in California
Expert:  FamilyAnswer replied 1 year ago.
You are welcome. Yes, it is. Please let me know if there is anything else, as I would be happy to respond. If not, please rate my help at this time, so I can receive the proper credit. Thank you.
Customer: replied 1 year ago.
Will do so. You have been a great help.
Customer: replied 1 year ago.
Thank you
Expert:  FamilyAnswer replied 1 year ago.
Thank you again.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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