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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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Hi there, I was wondering if I marry someone who owes childsupport

Resolved Question:

Hi there, I was wondering if I marry someone who owes childsupport will it effect what i have and will i have to pay their wrongness.? And if yes what do I have to do to not let that happen? Is their paper that i have to fill out. ect. Please help, I would love to marry this person but I dont want to have to pay for his past mistakes.
Submitted: 8 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 8 years ago.
That is a very interesting question. In New York, judges have the discretion to order a child support amount which is different than the child support guidelines. The general feeling of the courts is that a non-custodial parent is aware of his obligation to his child prior to his re-marrying or having additional children; therefore, the court will not typically reduce the amount of child support based on a new relationship or child. In addition, should the child support paying parent's income be reduced, the court has the ability to factor in the new couple's standard of living which basically includes the new spouse's contribution to the family, while technically not including the new spouse's income in the child support calculation.

In addition, some of the methodsd which can be used for enforcement of the child support order include garnishing the non-custodial parent's pay (I have even heard of judges threatening to garnish a spouse's income - but have never seen it actually done and don't believe it can be done); attach unemployment benefits; interception of state/federal tax returns (even if joint with a new spouse); seize any lottery winnings; attach and seize financial assets (bank accounts); suspend driver's and professional licenses and passports; and file liens against any real property owned. Be aware that child support delinquency is also filed with the credit agencies and may very well negatively affect the abiltiy to borrow, purchase a home, etc.

Should you decide to marry this person, I would suggest that you continue to file taxes separately and maintain any of your separate property separately. Of course, if she/he is current on the child support and intends to keep current this will not be a problem.

Should she/he have a child support order that is too high, you may want to suggest that she/he contact the courts and attempt to have the amount reduced.
Customer: replied 8 years ago.

im still confused. Will they make me pay if nothings done and we just get married? I mean if I marry him tomarrow and 6 months goes by will they garnish my pay will they take my car ect. I really love this man a lot. I would love to marry him. But i dont want to pay for a child that is his by another women. Im not being mean but i have my own children. They take his wages alreasy but my question is what do i do? Will it effect me?

Expert:  Lawyer Lori replied 8 years ago.
They will not garnish your pay. Based on his marriage, and possibly additional children in the future, his obligation will not be reduced. The court will be able to order liens on any future property that you may own together. They will also be able to attach any state/federal income tax refunds due to you jointly - so file separately. Delinquencies are also reported to credit agencies and may negatively impact your ability to borrow in the future.

Hope this helps.
Customer: replied 8 years ago.
So if i marry him tomarro say, as long as i keep things mine and in my name only with his name off everything they will not touch it, Correct? They will not take my money at all unless i file taxes together and if he goes back to court. So us getting married wont effect my life.
Expert:  Lawyer Lori replied 8 years ago.
It should not affect your finances in any way as long as you keep everything separate.

If he does help you purchase a home in your name, his ex may be able to prove that he is a part-owner and have a lien placed for past due support.
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