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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102349
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am engaged to be married but have child support arrears to

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I am engaged to be married but have child support arrears to my daughter's mother whom I have never been married to.
My fiance is retired and gets a really small pension. I am self employed but have not made any money for some time due to medical illness etc. BTW company is incorporated. Will my fiance be liable for my arrears and if so can her pension be touched and how badly?
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.

Will my fiance be liable for my arrears and if so can her pension be touched and how badly?

Personally - no. The Courts have repeatedly ruled that spouses are not responsible for child support/arrears of the other spouse because:

1) child support is meant to recreate the income that would be put in if the parents stayed together; and
2) holding the other spouse for child support discourages marriage, and this is against 'public policy.'

As such, she herself is not liable.

However, should your ex move to enforce the arrears wherein she would sue, and attempt to attach an account, etc, then anything with your name may be liable for attachment, including anything that is in your name and the name of your fiance. Anything with your name on it would be assumed to be "yours" for the enforcement issue. Ergo, it may be best to keep one's name off certain bank accounts and/or titled property just to be on the safe side.

I hope this helps and clarifies. Good luck.

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