Legal Question in Family Law in California

I would like to know if i am married to my husband but he came into the marriagae with 3 kids and 50,000 worth of child spport debt. Now that I am married is this my debt too?


Asked on 2/01/14, 2:56 pm

2 Answers from Attorneys

No, but anything you and he ever jointly own and any joint accounts can be attached to collect the debt.

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Answered on 2/01/14, 5:18 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick.

A spouse's child support or spousal support obligations from a prior marriage or relationship are that spouse's debts and are treated as debts incurred by that spouse prior to the current marriage. (Fam. Code, � 915, subd. (a).) All of the community property and your husband's separate property are liable for a debt that he incurred before marriage.

There is an exception, however, for the community property earnings of the new spouse who is not the debtor. The earnings of the new spouse are not liable for a debt incurred by that person's spouse before marriage. They remain exempt from liability as long as they are held in a deposit account in which the debtor spouse has no right of withdrawal and do not get commingled with other community property. (Fam. Code, � 911, subd. (a).)

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Answered on 2/01/14, 5:49 pm


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