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mslukes · Feb 4, 2009, 10:31 AM

I have 2 children with a man that has a child with someone else. He owes back child support and I want to move forward in our lives, hopefully get married. My question is... If we were to get married, can his ex go after me for his owed child support?

this8384 · Feb 4, 2009, 12:21 PM

Anything that has his name on it can get taken for support. For example: if you and he own a car together, child support can file a lien on the vehicle because it's his property. Same goes for personal property; I don't know if child support goes after bank accounts but if he's truly that far behind, I don't see why they wouldn't.

Something else he needs to consider is that depending on your state laws, his driver's license can be suspended for failure to pay and he can even get jail time. I'd strongly recommend to him that he get and stay current on his support.

mslukes · Feb 4, 2009, 01:13 PM

Originally Posted by this8384

Anything that has his name on it can get taken for support. For example: if you and he own a car together, child support can file a lien on the vehicle because it's his property. Same goes for personal property; I don't know if child support goes after bank accounts but if he's truly that far behind, I don't see why they wouldn't.

Something else he needs to consider is that depending on your state laws, his driver's license can be suspended for failure to pay and he can even get jail time. I'd strongly recommend to him that he get and stay current on his support.

I know about his license and jail time, he is currently incarcerated right now for something else. I have been with him since his son, now 10, was 3 months old. I'm also wondering that if we file taxes, the child's mother is able to take my taxes, if we do end up getting married. That is his debt, not mine. Thank you

this8384 · Feb 4, 2009, 01:39 PM

She can't personally take anything; child support can have his tax return intercepted if he's behind on support. Right off-hand, I don't know how that would be affected if you file jointly.

mslukes · Feb 4, 2009, 01:51 PM

Originally Posted by this8384

She can't personally take anything; child support can have his tax return intercepted if he's behind on support. Right off-hand, I don't know how that would be affected if you file jointly.

I know they could take his, but if I were to claim just my kids, not him, have him do his separately, I have no idea, it's stressful. I want him to get the child support taken care, the mother and child deserve it, but he is very far behind, and I don't want to end up taking care of that or me getting the crap end of things because of his debt

this8384 · Feb 4, 2009, 03:46 PM

If I can ask, how far behind is he? When are you guys planning on getting married?

Fr_Chuck · Feb 4, 2009, 04:37 PM

On taxes, they can get his, but not wife's, she merely files a special form if they are filing jointly and her part of the taxes is not taken

They can not garnish your check but they can garnish his, they can hold him liable for all current and a set amount for back pay.

If he gets too far behind, they can suspend his drivers license or even put him in jail,
My friend was sent to jail today because they had 1200 dollars of back support, ( GA you have to love it)

mslukes · Feb 5, 2009, 07:25 AM

Originally Posted by this8384

if i can ask, how far behind is he? When are you guys planning on getting married?

I know about 2 years ago, he was 14,000.00 behind. She has since moved to another state but, when we were going to court, she kept telling the prosecutor she wanted him put in jail and they told her she had to go and get a lawyer for that because at the time, she was going through the state.

J_9 · Feb 5, 2009, 07:37 AM

Can I ask why you would want to marry a man who is currently incarcerated?

You have 2 children with him, or without, this is an unstable relationship. Unstable for the children. Do you wish the children to grow up thinking that being in jail is acceptable?

I know I sound harsh, and I don't mean to be, just trying to open your eyes to the future welfare of the children.

thatgoodwoman · Jun 11, 2013, 04:16 AM

People act as though it is neglect on the fathers part when the father is behind on child support but you start behind. My fiancé is 14,000 behind as his ex wife has for 2 years denied him any contact with his son and it took a total of two years for divorce and child support decisions to make it through the court... So he now starts in debt the two years it took!! Has still not seen his son... court is quick to enforce child support payments but she can against court orders still deny to follow visitation and there is no one willing to enforce that!!