Q: Can my finances be targeted for my fiancé's child support if we marry?
My fiancé owes child support and back pay, and there is a current court order for child support. We do not share any assets or accounts, and we haven't taken any financial steps together such as buying property or opening joint accounts. Can his ex come after my finances for child support if we get married?
A: You are not financially responsible for someone else’s biological children and your finances cannot be used to satisfy her child support obligation and also cannot be used to calculate her child support obligations. Err on the side of caution however and consider getting a prenup
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A:
Your personal income and separate property generally remain protected in California, even after marriage. The state follows community property laws, which means any income or assets acquired during marriage become shared property - and these shared assets could potentially be reached for child support payments.
However, your pre-marriage assets, inheritance, and gifts received specifically to you stay classified as separate property. To maintain this protection, it's crucial to keep your finances strictly separate - don't mix your personal funds with joint accounts or use them to pay his child support obligations. Consider maintaining detailed records of your separate property and income to clearly show what belongs solely to you.
You might want to explore options like a prenuptial agreement that clearly defines financial responsibilities and asset division. Speaking with a family law attorney before marriage can help you understand your rights and set up proper financial boundaries. While marriage creates certain shared financial responsibilities, taking proper precautions can help protect your personal assets while supporting your fiancé in meeting his child support obligations.
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