View Full Version : If we get married will I then be responsible for his child support payments??


rahabk10
09-30-2006, 09:44 PM
My love and I really want to get married, but he owes child support. He received letters in prison that he owes. I'm just wondering if anyone knows if we get married will I then be responsible for his child support payments because he is incarcerated? I really want to marry him, but I don't have extra money to pay child support. Please help!!:o

fire.lake
09-30-2006, 11:04 PM
Absolutely not. You do not become financially responsible for his child support obligations by marrying him.

The Texas Attorney General actually has a document available called Incarcerated Parents and Child Support. You will find a lot of helpful information there: http://oag.state.tx.us/AG_Publications/pdfs/incarcerated.pdf

I found this question and answer there also:

I have remarried and my spouse makes a very good living. Will the child support office take my child support out of my spouse’s earnings? Will my spouse’s income be counted when my child support amount is calculated?

No. Your new spouse does not have to pay your child support. A new spouse’s income may not be used when determining the amount of child support to be paid.

JERRYSGIRL05
10-03-2006, 04:38 PM
is that true for all states??? just wondering. thanks! dolores

loving my indian warrior till my last breath :)

notlyte68
10-03-2006, 05:18 PM
Watch out when you file your taxes. I would file married filing separately because tax returns are sometimes intercepted due to back child support.

fire.lake
10-03-2006, 08:16 PM
is that true for all states??? just wondering. thanks! dolores

loving my indian warrior till my last breath :)

You are not responsible for paying child support for a child you aren't a parent to just because you marry a man who is obligated to pay child support. That would be crazy. People all over the country would be paying child support for everyone else's kids. There is a difference though between being responsible (which you will never be) and allowing your own finances to be affected. The key is to keep all of your finances separate. Do not open joint bank accounts. Do not file joint Federal or State tax returns (as pointed out by the lady who posted below your message). Do not get joint credit cards (in case he is not financially responsible). Do not buy property together, etc. If you make the mistake of merging your personal finances don't be shocked if you find that your joint bank accounts are "frozen" one day and they've taken your money (I know someone this happened to) or there is property lien on your home (not good at all). Be smart about protecting yourself and you won't have a problem.

Example: When he gets a job and the state becomes aware he is employed they'll send an official notice to his employer demanding that a certain amount be withheld and paid to the child support office (I get these all of time for employees at work). They'll include an additional amount for arrears. There is no way they could send a similar notice to your employer demanding they withhold the money from your check as you are not the parent!

Another example: My husband is going to owe criminal restitution in the amount of $15,000 after he is sentenced! I would have to be a complete fool to open any joint bank accounts with him when he comes home as they'd just take my money too. We keep things like this in my name only to avoid any problems.

I live in NJ by the way, but this is some basic advice that would apply in any state. Community property states (such as CA) get more complicated when it comes to debts incurred during marriage, but again you would not be responsible for paying his child support.

Sorry this was so long-winded. :) Good luck!

SummerRae
10-03-2006, 08:30 PM
Wow thanks for the info FireLake, that just gave me reason not to have a joint checking or credit card. And I thought that would help us establish his credit to buy a house. I think you just saved us a lot of trouble. :thumbsup:

Gemini Gem
10-03-2006, 09:20 PM
I know I wouldn't have to pay anything but I will still be affected. For two years me and my handsome were apart, he made someone else pregnant at the time. He is about to get out this month. OK here is where I think my problem will come in. He is promised a job when he comes out. I don't know anything about the other baby mother never asked about her. But if she is on PA, as soon as my man's Social goes through the system, it would set child support off I guess? Now, I wasn't going to file for CS for our only son but I'll be damned if someone else would get it before me. Anyways, my man never had a job and when or if CS comes after him, I think he would quit and go back to the streets. Right now this is what's stressing me. I know I shouldn't think about it but I can't help to. I'm stable but I don't think the other mother is. You know how that goes, the ex sees things from the outside. She will see the fruits of our labor and think that he has it going on, when in reality, it's both of us working. I haven't brought this up to him because I just want him to come home first, but this will be an issue if CS comes after him. I will have to break it off with him if they do. I'm sorry if I sound selfish, but I can't sit and have that go down. Ring the Alarm, I've been doing this too long and I'll be damn...ya'll know the rest:D

fire.lake
10-04-2006, 05:18 AM
Wow thanks for the info FireLake, that just gave me reason not to have a joint checking or credit card. And I thought that would help us establish his credit to buy a house. I think you just saved us a lot of trouble. :thumbsup:
Encourage him to get a secured credit card to help establish credit. He'll deposit funds with the bank and can then charge up to that amount. As he makes his monthly payments it will be reported to the credit agencies. This will be a good indicator for you too to see how he handles the card and if he pays the bill on time.

Here are a couple of good articles to read from Bankrate.com:
http://www.bankrate.com/brm/news/bankruptcy/Oct06_bad_credit_from_car_loans_a1.asp (http://www.bankrate.com/brm/news/bankruptcy/Oct06_bad_credit_from_car_loans_a1.asp)
http://www.bankrate.com/brm/news/credit-management/secured-credit-cards.asp (http://www.bankrate.com/brm/news/credit-management/secured-credit-cards.asp)

Best of luck with everything! :)

thatwiz
10-04-2006, 09:18 AM
Gemini, thats just usually what happens. Baby mama looking in sees what looks like a goldmine-too bad, its not his money that makes him look that way, but mine. We live a certain lifestyle and there's no reason to hide it. He's got a new car and diamond necklaces, but what he makes which at this point is very little, I encourage him to put towards the CS. I don't hold that against him tho'. His CS is just another bill that goes into the pile to get paid.
Life is bills, you're not going to get away from them.Shoot, we've got someone after seeing him online claim he's their baby daddy from 12 years ago when he was 16-and he knows nothing about her-thinking they hit the jackpot. Little do they know the pot is empty.

myhusbandswifey
10-04-2006, 10:32 AM
My husband and I are in the same boat. He does not currently have any child support cases, but I know that he will. This will be the way the mothers pay him back so to speak. I did a lot of reasearch on the matter before we got married. I have decided the same thing. No joint bank accounts. No joint credit cards. We need to keep all of my finances clear. He is fine with that and completely understands it. Even with property. He will have to sign off all his right otherwise his child support can be attached to that. I know for a fact that the mothers will do this thinking they can get paid because of my income. Little do they know, they can't touch me!

june5
10-04-2006, 12:31 PM
Watch out when you file your taxes. I would file married filing separately because tax returns are sometimes intercepted due to back child support.

When I file jointly with the IRS, they included an "innocent spouse" form if they say they are going to take my tax refund. I can fill out the form as an "innocent spouse," and then I still get the portion of the refund attributable to my income.

Gemini Gem
10-04-2006, 03:02 PM
Gemini, thats just usually what happens. Baby mama looking in sees what looks like a goldmine-too bad, its not his money that makes him look that way, but mine. We live a certain lifestyle and there's no reason to hide it. He's got a new car and diamond necklaces, but what he makes which at this point is very little, I encourage him to put towards the CS. I don't hold that against him tho'. His CS is just another bill that goes into the pile to get paid.
Life is bills, you're not going to get away from them.Shoot, we've got someone after seeing him online claim he's their baby daddy from 12 years ago when he was 16-and he knows nothing about her-thinking they hit the jackpot. Little do they know the pot is empty.

Your right Wiz, I can't avoid it, so I might as well look at it like an extra bill. Thanks, I look at it in a different light now. I've never had a run in with this female, I think the child is 8 yrs old. I hope I never will. Your right he doesn't have anything right now, but I have the place,good job and I'm buying a car. It's not much but some people look at it as living it up
I HATE BABY MOMMA DRAMA :angry:

thatwiz
10-04-2006, 03:19 PM
Yeah. most definitely. For someone with not much, what you just mentioned is reason enough to try to make them unhappy or try to take from them as she probably has less. Hold your head. Don't let that be the thing that ruins your relationship.

nmeis
10-06-2006, 11:04 AM
Yeah ive been trying to tell my man thats the part thats gonna end us cause i feel its money commin out my pocket when it comes out the household. i believe some cs is good but when the baby mommas is gold diggin it pisses you off.

rahabk10
10-06-2006, 12:31 PM
Firelake,
Thank you so much!! You just don't know how happy you have made me and my fiance.

fire.lake
10-06-2006, 02:50 PM
Firelake,
Thank you so much!! You just don't know how happy you have made me and my fiance.

You are very welcome. Best of luck!

dcgirl
10-10-2006, 06:55 PM
Just out of curiosity. Does anyone know whether someone who has been incarcerated for several years in NY is responsible for paying the amount of child support ordered, when the amount was based on the last job held before the incarceration.