How Will My Partner’s Child Support Obligation Effect Me If We Get Married?

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.**

New Supreme Court Case: What are the repercussions for not paying Child Support?

Recently a case, Turner v Rogers, came before the US Supreme Court where a Father who was no longer able to pay overdue child support in the amount of $6,000 was thrown in jail by the Court.  In the case the Father was able to establish that he was financially unable to afford the monthly child support, however the Court failed to take that into account when making it’s ruling to punish him with imprisonment.

The Supreme Court ruled that putting him in jail violated his constitutional rights because they failed to take into account whether or not he was financially able to make the payments.

Due to the current financial situation of the Country and the impact on numerous individuals it isn’t surprising that the high court is taking this stance.  The unfortunate reality is that many parents are currently suffering financially and are unable to meet their prior orders of the court regarding the support of their children.  While it is reasonable and understandable that parents should be held responsible for their obligation to support their children it is unrealistic and unreasonable to not take into account the parents financial situation such as a loss of a job due to the downturn in the economy.  Especially when it may lead to be labeled a “deadbeat” overnight and imprisoned due to the failure to pay child support which in all logic would only guarantee that the parent is unable to earn income due to their time in jail.

There are many experts that are optimistic that the Supreme Courts ruling will have a positive impact in the lower courts application and evaluation of “deadbeat” parents before forcing any jail time.

It is important if you are facing a case where you owe child support, whether you owe arrearages or are able to maintain your monthly payments, that you consult an attorney who knows the current law and is able to fully articulate your situation to the court in order to provide you the most beneficial outcome.

For a free consultation call (949) 478-3160.

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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.

Information obtained from this Washington Post article.

What do I do if I think my Ex is hiding money?

If your Ex is hiding money and you are involved in litigation relating to child support, spousal support, or even a divorce this is a major issue that you need to resolve in order to exercise your rights.  Any failure by your Ex to completely disclose their income, savings, or assets can vastly affect the outcome of your case and the amount of child support, spousal support, or community property that is divided in your divorce.

This is crucial in child support matters because the amount of child support you receive generally is based on two simple and basic sets of number the percentage of time the child is with each parent and each parent’s relative income.  If you believe your spouse is getting paid under the table for side jobs or that their business is doing better than they claim you will need to prove it by way of the legal process.  If you are unable to do so either through witnesses that have personal knowledge of the earnings or documents that refute their assertion you are out of luck.

On the same note when it comes to a dissolution, if you believe your Ex is hiding money this could dramatically alter the amount of money or assets that you are able to walk away from the marriage with.

Due to the importance of this, it is important that you fully exercise your rights in court and use all methods available to you in order to uncover hidden money.  One common and generally helpful method is through the use of a Subpoena Duces Tecum (SDT).  A SDT is a method by which you can request that a third party, in this case the bank, provide documents relating to the other party and their accounts.  Through proper use of this power you can obtain bank records in the form of bank statements showing all incoming funds for as many years as you request.  Be mindful that when you request the bank statements to be reasonable in your request for the fact the bank will charge you for the records search as well as a copying fee per page, and if you are excessive with your request it could cost you financially.

In order to exercise this power and request documents from the court through the use of a SDT it is important that you use the proper court forms as well as time the service of all documents properly.  All necessary court forms can be found on the California Courts Self- Help website.  In order to properly serve the SDT you must also provide notice to the other party that you are seeking the disclosure of their bank records, to which they are afforded an opportunity to oppose the disclosure of their records.  However, if all goes according to plan you will receive a stack of bank statements for your Ex’s accounts and finally be able to see if they have been depositing more money than they have claimed, or are hiding money, and be able to provide that information to the court in order to correct the lies that they have been telling and affording you and your children the justice and financial assistance that you are legally entitled to.

In order to assess your legal options in view of the current and new law it is important that you talk with an attorney about your specific situation and your rights.  For a free consultation call (949) 478-3160.

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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.

Family Law

Family Law Are you facing a divorce? Child Custody? Child Support? Spousal Support? Modification to Child Support, Custody, or Spousal Support?

*Contested/Uncontested Divorce

* Legal Separation

* Annulment

* Alimony

* Child Custody

* Child Support

* Modification of Child Support

* Modification of Parenting Plan

* Visitation

* Domestic Violence

* Restraining Orders

* Emergency Orders

* Change of Name

If so you are facing a long and complicated legal road to enforce your rights and protect your children’s rights to support and visitation. These cases have far reaching implications for years to come based on the information you are able to provide in court and prove to a judge. As such it is crucial that you consult an attorney that will fight for you and your children using every possible legal avenue available to you. To discuss the specific issues of your case and possible defenses that can be asserted call (949) 478-3160. Also for more information check out my blogs below.