Legally, speaking and obligation wise it will not effect you. Your new spouse will continue to owe child support to the parent of their children, however that debt and liability will not become yours upon marriage.
In understanding this concept it is necessary to understand the difference between “community property” and “separate property” debts as well as income.
Community property debts are debts that were acquired during marriage and not solely based on separate property assets. A specific example of a debts acquired during marriage that could be deemed a separate property debt would be where a husband had a premarital home that he used as collateral for a loan, in that case the wife would have a valid argument that the debt, loan, was his separate property debt for him to pay back as the loan company solely relied on his separate property assets in providing the loan. (Additionally, in that case she could have an argument for reimbursement for community property funds that were used to re-pay the loan assuming that was done during the course of the marriage out of community property earnings.
Community property earnings, income, are all sources of income earned between the date of marriage and date of separation from employment, private business, etc.
To that end, preexisting child support, or arrearages, owed by your spouse is your spouse’s separate property debt but one that will likely be paid for our of his community property earnings. Simply stated the debt his is responsibility and his wages can be garnished, however yours shouldn’t be, but he reasonably will be paying the debt with income earned during marriage (community property earnings).
With that stated your spouse’s child support obligations, debt, can effect your life if you commingle your money in a joint banking account or place your spouse’s name on your bank account as it is possible for bank accounts to be levied in an attempt to recoup past due child support. If you are able to trace, show the source of the funds, and prove that it is from your separate property or that it is from your earnings the court should order the funds released back to you. HOWEVER, in order to avoid that legal process and unnecessary expense and stress if this is a situation you are predicting may occur it is safer to simply keep your accounts separate and keep your spouse’s name off your accounts to protect the money.
Additionally, if heaven forbid you and your spouse end up separating later down the road you will have a valid argument for repayment of half of all child support that was paid during marriage out of your spouse’s community property earnings as the debt for child care was a separate property debt that was being paid out of community property earnings (assuming he didn’t pay with separate property earnings etc).
This analysis and explanation is a cursory one and is only meant to provide basic information, every case is different with specific facts that need to be analyzed in reaching a legal conclusion.
** This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services. Any legal advice should be tailored to specific clients and their specific needs. No attorney-client relationship is created by any use of this website. You should not rely on any information in this blog.**
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