A while back, my fiancee lost his job and fell behind on his child support.?

No, they can't attach your wages. You are not responsible for someone elses child.

His garnishment and other actions could effect you, however. If they attach his bank accounts and you pool your money with his in one account.....your money won't be available to you. If they put a lien against a car or home, that could effect you too.

My suggestion is to wait until this deadbeat dad has caught up with his child support before getting financially entangled.

Oh, and the loss of a job is no excuse. His child must eat - every day, must be clothed - every day, must have a place to live - every day. What he should have done was ANYTHING to get money to meet his obligations....just like he would have done if the child was living with him. Not to do so makes him a deadbeat dad.

Patti_Ja

no and they cannot take your part of the income tax refund check...if the government seizes your part of anything you file an injured spouse form and reclaim all your money...

countryguyhfc

I don't think so, but you might check with a family law lawyer to be sure. Also if he looses his job again he should contact the child support agency right away so they can adjust his payments.

Lori E

I know in New York that they can come after your wages. This has happened to my sister. The state of New York came after my sisters wages to help pay her husbands child support. After much fighting, since my sister has her own children, she was able to put a halt to it. Yes, they can come after your wages! Make sure you have a good attorney.

No they can not come after you wages, they can only garnashee his wages. I had the same problem but was on the other side of the problem my ex quit his job because didn't want to pay child support and his new wife had a good job, so my ex husband was a stay at home dad. We couldn't get any child support for almost 2 years.

â˜…â˜…â˜… Katharine â™¥â™¥â™¥â™¥

No, they will not be able to come after your wages.... They can however, come after the tax return if you file together--but, you there is a form you can fill out- to get your portion of it. (injured spouse form).-

Hoosier Daddy

Is it your child for whom support is owed? That is the only thing that matters. My fiancee's future earnings shall never be subject to any support payments I might have to make for children of any previous marriage of mine. That's the law in all US states and territories. You are not responsible for this particular debt of his once the two of you marry. If the state attempts to do this, then the state is attempting to say that you are also a parent of the child/children in question. Throw that one into his ex's face if she makes a stink about trying to grab your wages.

HOWEVER, there is one little thing: If you have a business, and your fiancee works for you, make sure that he has a definite wage/salary and every "i" is dotted and "t" is crossed on your payroll records. Otherwise, a claim could be made that you and your fiancee have cooked up a way to conceal "effective" earnings from support.

Momto3

No, you can not be held liable for his child support, but you do need to consider how the wage garnishment will affect your joint finances when you get married. He will not only have to make up back child support, but will be responsible for current child support...plus, his ex may seek modification of child support to a higher amount, especially if he gets a higher paying job or the children get older. So, while you cannot be held liable for his child support, if you get married you may end up paying for more of your joint expenses just because he has less disposable income due to the child support.

On a side note, they can also garnish his income tax refund to recoup the past support, so if he counts on a big tax return every year as part of his income, you should consider that, too.

Good luck and make sure you talk about money and finances long before you get married...it is one of the biggest things couples fight about.

AFwife

no they cant take your wages , even if you get married.....however depending on what state he owes inthey can seize any property with his name on it.....including houses, vehicles etc that you own jointly. and you need to keep your pay going into a seperate account without his name on it at all until this is cleared up for that reason. if you get married you will have to file injured spouse relief in order for them not to take your entire return also.

madsmaha1

No, it's his debt only..

mustagme

No. Your wages are yours. You have no obligation to pay child support.

yellostrat

It probably varies state to state......

If you get married they can look at your entire household income to use as a baseline to make a determination in the amount that he pays....

Diane M

Make sure if you get married you dont mix your money in joint accounts. They cant take your salary but can certainly garnishee his. I would be hesitant to get married until he gets his financial obligations caught up. You may resent having to be the main source of support while his money is going out to support a former family.

Tara

no. Your wages are safe. They are only interrested in his.
And before you think of it and end up asking. No your income doesn't count when they figure out how much he owes for child support.

shellanswerman

It's unlikely that your wages would be attached unless he stops working voluntarily and starts depending on you for his own support.

I'm with Stupid.

I f you keep your accounts separate, your bank account won't be affected but his may be in order for the payments to be brought up to date.

Aaron H

Yes that could be possible but, if you stick by him and help him out with his problems, he will learn to take it one step at a time. What this man needs is just a good helping hand from someone he can trust. So do all you can to help him by just sticking by his side and encourging him.

bolo p

just don't get married yet just wait a few years until you have more money.

shipwreck

Make sure he catches up, his ex is counting on the money. They shouldn't garnish until he misses a second payment.
He may not be good marriage material, he should have an emergency fund so he can still pay his bills while unemployed.
They will garnish up to about half his wages but they can't get yours. You will need to support him if you marry him and he doesn't bring home enough.

JULIE S

yes if you are living as a couple

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