My fiance owes back child support. He is in the process of going before a judge to get payment schedule/amount adjusted due to change in job and income. When married, can my assets be protected from going to pay his back child support? Can his ex go after my assets?
2 Answers from Attorneys
So long as your assets are not placed in his name, people coming after him for anything cannot come after you. However, if you have joint bank accounts, jointly held property, funds in a joint bank account, and even joint tax refunds can be fair game to creditors. On the other hand, Child support rarely tries to attach assets, and will usually go after his tax refund, driver's license, or paycheck. Therefore, if something is yours and yours alone, his ex will not be able to take it.
The ext cannot go after your assets as long as you keep those assets separate.
Also, once you are married, she cannot garnish your income or require you to pay part of your income as child support.
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