Fiancee owes child support- current and arrears- if we marry will they include my income in a recalculation- what about tax filing?

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Fiancee owes child support- current and arrears- if we marry will they include my income in a recalculation- what about tax filing?

I am afraid that if I marry my fiancee, his ex will try to have child support recalculated based off both incomes. We are in Oregon- can she do that? Also we have a child together and he owes arrears support. Is there a that I can claim our child and get the $ if we marry?

Asked on May 30, 2009 under Family Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your income shouldn't have any bearing on what his ex gets, because you have no legal obligation to support her children.  What happens to your child support arrears is an interesting question, although I think most states would still find the arrears enforceable; there are laws that were passed to satisfy federal funding requirments, that make it all but impossible to undo those arrears.  I'm guessing that your marriage would end any further arrears from going on the account, but I've never had to deal with it, it's a pretty unusual situation.

For reliable advice, please talk to an attorney in your area.  You can find lawyers in a number of places, including our website, http://attorneypages.com


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