I am looking to marry a man with a lot of baggage and have several questions about when I may become responsible after marriage.
First, he has 4 children, one is 20, one is 18, one is 6 that he currently pays child support for and a possible fourth child that is 3, that he just received paperwork for paternity and child support. After getting married, could I ever be responsible for any child support associated with these children. And if so, is there a way to prevent that from happening. He also has not filed taxes in 5 years. Again, once married, is it possible for this to fall on me? Can we file "married, filing separate" without an issue. Also, he has about 50,000 in student loans and am wondering if they can ever come after me for any of that money, and again if there is a way to avoid that. Would a prenup come in handy for any of these situations?
2 Answers from Attorneys
I certainly would recommend a prenup at all costs. As to the child support - no you are not responsible. However, you must NEVER file taxes together because 1. if and when a time comes that the child support is not paid , the taxes, if a refund, can be taken and 2. If he owes student loans and they have to collect, they could freeze the checking and savings accounts if you have added him to any of your accounts and take those funds as well. 3. this could also happen on the taxes he may owe.
Are you sure you want to do this. There may be other baggage. Also since he may have a child that is 3 years old, might want to consider whether he would be faithful to you.
You are not responsible for his child support.