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I owe back child support, if I get married will my fiance be held accountable for my Dept?

Discussion in 'Marriage, Engagement, Domestic Partnerships' started by Rachael7791, Jul 19, 2018.

  1. Rachael7791

    Rachael7791 Law Topic Starter New Member

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    I currently oew back child support and my fiance of 10 years is afraid if we get legally married that he'll be held accountable or responsible for my dept. Is there a form that'll protect him. Is that what a prenup is?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No, your spouse won't be liable for your back child support.

    Just make sure you NEVER own anything jointly, no cars, no houses, no bank accounts, no nothing. Sole and separate is what will protect his money.
     
    CH2008 and Rachael7791 like this.
  3. army judge

    army judge Super Moderator

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    Forms don't protect anything or anyone.



    A prenup protects assets, if one party has $500,000,000 in cash, when she plans to marry a dude with a mere $50 in cash, a record of 40 felony convictions with 25 years in prisons, a meth habit, and no employment prospects.


    With 10 years of back child support chasing you, don't ever file any JOINT income tax returns.

    If you do, the ENTIRE amount to be refunded will be confiscated by the taxing authorities each year.
     
  4. Rachael7791

    Rachael7791 Law Topic Starter New Member

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    Thank you so much
     
  5. KatDini

    KatDini Well-Known Member

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    Yes, but then the funds are held (~6 months) so the spouse of the non-paying NCP can file for 'injured spouse' status to get their part of the refund back. But it does take time.
     
    leslie82 and Rachael7791 like this.
  6. zddoodah

    zddoodah Well-Known Member

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    I agree, and a prenup could be a useful part of this. The two of you should consult with a local attorney, but the smartest thing you can do is figure out a plan to pay the debt that you owe.
     
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  7. Rachael7791

    Rachael7791 Law Topic Starter New Member

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    So as long as we don't file taxes jointly then we're fine?!? Thanks
     
  8. adjusterjack

    adjusterjack Super Moderator

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    As long as you don't do anything of a financial nature (taxes and otherwise) jointly, HIS money will be fine.

    Yours, however, is still subject to attachment for your arrears.
     
    Rachael7791 likes this.
  9. Rachael7791

    Rachael7791 Law Topic Starter New Member

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    Thank you
     
  10. leslie82

    leslie82 Well-Known Member

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    No your spouse would not be accountable for YOUR child support arrears. Absolutely not. The only thing that would affect your spouse is if you file joint taxes and they take the arrears out of your tax return. But I believe the spouse can file something to get their portion refunded. I'm no expert though. Just something I recalled reading.
     
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  11. Rachael7791

    Rachael7791 Law Topic Starter New Member

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    Thanks
     

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