I've found the man of my dreams but he has kids from a previous relationship. He wants to marry me and I want to marry him but I refuse to pay child support for kids that are not mine. Is there any way that I can marry him without the county taking money out of my paycheck too? (FYI the mother of his children is a career welfare recepient and does not want to work!!!! This is one reason why I refuse to have my paychecks garnished!)
2007-12-27 10:39:21 · 17 answers · asked by MalinaB 2 in Family & Relationships ➔ Marriage & Divorce
In California you do not have to pay for half his child support. Support of his children is his responsiblity. As far as California welfare, she can't be a "career recipient" since the county will put her to work. Makes me wonder if he is paying what has been ordered by the court and if not he WILL have to pay back the government for what they are paying to support his children and the government charges interest as well, the state CAN withold ANY tax refunds in order to make any payments owed to either the state or his children for support. I suggest you not marry the guy because if you ever file jointly YOUR refund WILL be withheld as well. So I suggest you tell this winning man of your dreams to make sure his child support is paid in full every month and any arrearages are paid up as well. You're blaming his wife for something you should be blaming yourself (for falling for this dud) and him for.
2007-12-27 15:09:08 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The county cannot garnish you paycheck to pay child support for his kids EVER. The most that can happen is your tax refund being taken if he is behind on child support and you file jointly.
That being said, when you are married, all income is community property, so technically the money that goes to pay support will be half yours. The support amount will be based on HIS income, not the combined income.
However, if this is such a big issue for you, I seriously suggest you find a man with no children to marry, because this will obviously be a problem for the two of you in the future. I can already see the arguments about why you can't have something you want because he has to pay so much for his kids. Save the guy a lot of grief and move on.
2007-12-27 10:51:53 · answer #2 · answered by rlb1961 3 · 0⤊ 1⤋
They can not garnish your wages but they can take money from or freeze bank accounts or any assets that you have jointly if he is not paying. ( i.e. anything he puts his social # on.)
In a round about way you are paying because you are contributing to the household finances.
Also note that the money he is owing, because she is collecting welfare is now money owed to the state of Calif. and they are very aggressive in collecting and adding interest . If he continues to get behind in payments it will become a financial nightmare just trying to pay off the interest, they can also revoke any state issued license of his ( drivers, contractors medical etc.) till he is current with payments.
Also tax refunds if you are filling jointly they will garnish unless you submit /file certain forms specifically asking for your portion back ( ask your tax man)
You do what you want but marrying someone with an Ex like that and HUGE support issues...well, you may want to reconsider marriage.
2007-12-27 10:51:18 · answer #3 · answered by OoLong 3 · 1⤊ 0⤋
The answer is somewhere in between yes and no. What I mean by this is the child support he owes is considered to be a primary obligation. In other words he must pay it no matter what. Once you are married, you are not personally responsible for his child support, but as a married couple you will be jointly responsible for all other obligations (rent, utilities credit cards etc) In the end since he will have less to contribute to your household, you will most likely be obligated for more to maintain your standard of living. If (hopefully not) your marriage ends (either by divorce of survival of your spouse) the child support obligation goes with him and you are free of it.
2016-04-11 04:01:31 · answer #4 · answered by Janet 4 · 0⤊ 0⤋
WHY THE HELL ISN'T HE PAYING HIS OWN CHILD SUPPORT, THEY CANNOT TAKE YOUR WORK CHECK, BUT THEY CAN TAKE YOUR TAX CHECK, AND IF HE IS NOT PAYING HIS SUPPORT WHY WOULD YOU WANT TO MARRY A DEADBEAT ANYWAY why in the world would you want to marry a man that refuses to support his kids, he can work fast food if that is what it takes, so what if the wife is a lifetime welfare rat, was she on welfare when she was with your husband too, that really says something about him, you don't seem to want to pay his child support, but you are enabling him none the less if you move in with this man and support him so he is not forced to get off his azz and get a job, support the children he brought into this world, don't marry this guy until he gets his poop in a group and to take responsibility for where he puts his tallywacker
2007-12-27 10:55:13 · answer #5 · answered by Dale T 4 · 0⤊ 1⤋
Why would the State of California expect you to be legally responsible for one half of the child support ordered on children that are neither yours by law (adoption) or biology????? Did someone tell you that?
Talk to a divorce lawyer and an accountant on your best course of action....you may be better off keeping your maiden name and not taking his, and when you file income tax returns, file married but separate...you claim yourself but he does not claim you as a dependent...keep all money account separate.....I remarried with one kid still receiving child support & my new husband is not responsible for any of the child support ordered, only her father is....and I don't think Ca is different than NY in this....
2007-12-27 10:53:05 · answer #6 · answered by The Original GarnetGlitter 7 · 1⤊ 0⤋
Your paycheck should not be garnished as this totally your new husbands responsibility and not yous. Your income has absolutely nothing to do with his child support in any way.
2007-12-27 10:44:53 · answer #7 · answered by Arthur W 7 · 1⤊ 0⤋
you can get married and keep all financials separate. if you co-mingle money that would be a mistake.
it sounds like he already has a child support order through the court. the only way to change the amount is to prove that there is a 15% difference in income. if you keep your money separate, nobody can touch it and it would not be considered community property.
once you co-mingle money, bank accounts, whatever, it is no longer separate property and is considered community property in california.
good luck
2007-12-27 11:04:58 · answer #8 · answered by chantel 3 · 1⤊ 0⤋
ok, for all of you answerers on here who say "no they can't do that" or "his kids his bill"...B**S***!!!!!!!!!!! i speak from a married women's point of view of a man who lives in Calif with a kid. they have wanted to garnish BOTH of our wages. when we file taxes and get a refund, they take ALL our money and give it to her. so if you love him and DON'T want to be financially supportive for his kids (child support) DO NOT MARRY HIM. once you marry, no matter what your debt or his debt will become each others....
2007-12-27 10:53:54 · answer #9 · answered by loriloriloriloriv 5 · 1⤊ 0⤋
They would never take money out of your paycheck, now if you file a joint tax return that they can and will take money out if he owes it.
BTW the money is for HIS kids so it really doesn't matter if the mom is working or on welfare it's not for her.
He helped make the kids now he needs to continue to support them.
2007-12-27 11:30:04 · answer #10 · answered by Anonymous · 1⤊ 1⤋