will a prenup protect me from husbands child support? please help?

Question

heres the situation. i've been dating a guy for 5 years and we've talked about marriage. he's suppose to be paying child support but hasn't been doing so. i know this is bad and i didn't find out about this till about 2 years ago. i've obviosly decided to stay with him. but he owes about 25k right now. i've been thinking what this could do to us. if we were to get married he says we can file separate taxes and not share bank accounts and get a prenup. i dont really know too much about the prenup. will this protect me and my assets? i don't like the idea of a prenup. it's a just in case thing. but in this case he makes it seem like it's necessary due to the child support thing. any info will help

forgot to add, we live in california. and yes i think he should be paying and he says he's going to start.

Answer 1

A prenup is a definite go!!! Divide all assests and don't get anything in both your names. My hubbie and I returned from our honeymoon to find a letter from the court about child support revision!!! Thank God for prenups. Love and money are separate issues. But beware, even with a prenup you could be held responsible to aid with child support (if the judge orders it). Sit down with your man and start trying to find a way for him to get up to date with what he owes. Do it before he's hauled away for a long time.

Answer 2

You can file taxes you can file wounded spouse ....keep your assets in your name only (check state law) . It might cause problems if you try to buy a house you would have to get the loan in your name if you have good credit. if you buy stuff don't put any of it in his name so state can't put a lien on it. I would do a prenup protect yourself never know what could happen down the road.
I have been threw this with my husband and it does cause a lot of arguments.plus now were divorced and doesn't pay me half the time and my credit is shot from it

Answer 3

In the State of Delaware, the child support is ONLY the responsibility of the natural mother and father. The income of the new wife is not taken into consideration, nor is it attached. However, a tax intercept can be put into place, the driver's license of the delinquent parent can be revoked, and wage attachments will be automatically placed on any earnings by the natural mother and/or father (whoever does NOT have custody). Therefore, here, you would be safe without any prenup, except for the tax issue.

The laws may vary by state, so you really need to become familiar with them for your state.

Answer 4

You won't and can't be responsible for his child support or back child support. By him owing that much don't be surprised if he will have a warrant out for his arrest at some point. They are cracking down on parents not paying child support. If he has a job or will get one they will definitely automatically withdrawl funds from his check minus a little bit for personal expenses. Before marrying him you better encourage him to work soemthing out with the courts, not the mother because the courts can prosecute without her if they find out hes that far behind on payments.

Answer 5

I THINK A PRENUP WILL PROTECT YOUR ASSETS YOU ALREADY HAVE AND AFTER 7 OR 10 YEARS THE PRENUP DON'T MEAN A THING IF YOU DON'T STAY ON TOP OF THIS. YOU WANT TO MARRY HIM, WHY DON'T YOU REALLY CARE ENOUGH FOR HIS KIDS TO INSIST THAT THIS MAN STOP BEING A DEAD BEAT DAD. WHAT GOES AROUND COMES AROUND. WHEN YOU HAVE KIDS FOR HIM JUST KNOW, IF THESE ARE HIS FIRST SET OF KIDS AND NOTHING MORE SPECIAL THEN THE FIRST.NOW WHEN YOU TWO HAVE KIDS THINK ABOUT IT , YOU WILL BE NEXT.

Answer 6

If you marry somebody I think you should be pulling together toward making a good life for both of you. My wife gave me a post nup when I went nuts so her retirement money would be safe from me wanting to take it. Bad move. I wouldn't consider taking it anyway, the net effect was a to create a lack of trust and a lack of motivation for me. Separate bank accounts , etc. She buys expensive crap and I buy beer so we don't have ANY long term plans together to make life better. For either of us. Avoid that.

Also, if he has a kid he should pay to support him or her.

And, if you are with him its your responsibility too. And also to help raise that kid. At least in some ways.

If he and you wont take care of the kid, you probably wont take care of each other when you are old and sick either.

Answer 7

Child support is for the children, regardless if the wife is guilty of cheating or not. As for your calculations about child support and what it covers, you haven't included medical bills, clothing, rent, heating, water, electricity, school uniforms, after school activities, in school activities, music lessons, etc etc, etc. No man should be free of a child support obligation, if he is the father. Now, alimony, in my opinion, would be a different matter. My husband was the cheater - and because of it I was made homeless, unemployed and pretty desperate. Life's a *****.

Answer 8

A prenup would definitely protect you. However, are you sure you want to marry this guy? I personally would not want to marry a "deadbeat dad". Haven't you tried to persuade him to pay the child support? What if it was your child that had to go without because her dad refused to help support her?

Answer 9

Wow that's a lot of child support 25,000. I'm surprised he's not in jail for not paying it! You want to marry him and he never paid support? I would get a prenup and contact a lawyer. Are you sure he's not going to use you?

Answer 10

Each state has different laws as it relates to child support enforcement and custody. Consult an attorney and don't depend on yahoo for the answers. Another thing.... shouldn't he be paying child support???? After all, if it is his child then I would think that he would want to be a man and take care of his actions.