Legal Question in Family Law in California

debt

i am about to marry a man who is

currently paying child support but owes

about 15k in back child support. will i be

responsible for paying that amount? will

the irs be able to take my tax returns?


Asked on 6/15/08, 11:03 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: debt

The Department of Child Support Services will be able to take your tax refund only if you file jointly. Your wages may not be attached, but after that, almost anything is fair game, including bank accounts soley in your name and real property solely in your name. After the property is attached, the burden will be on you to prove it is separate property, which may be impossible. I would strongly recommend a prenuptiual agreement. This will protect your separate property and accounts in your name from seizure.

At least you are smart enough to ask an attorney before you get married how to protect your property. I cannot tell you how many people I have consulted with after it was too late.

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Answered on 6/16/08, 12:47 am


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