Pre Marital Agreements and Child Support owed by fiance.

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Pre Marital Agreements and Child Support owed by fiance.

If i have a prenup done that states our separate assets (and liabilities) are to remain separate- what’s mine is mine and what’s his is his- would i be freed from any liability if he is found to owe back child support? If not, what can i do to protect myself and my assets (home, bank accounts, 401k)? Facts: He was never married to the mother of his child; we will soon be married in the state of Indiana; the courts were petitioned to establish parentage for his son but not for his daughter; there was no paternity test given to either child; my fiance is currently unemployed.

Asked on July 2, 2009 under Family Law, Indiana

Answers:

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

Answered 12 years ago | Contributor

I think the best way to protect yourself is to keep your separate property separate.  You have no legal responsibility for his children by another woman;  as long as it is only your name on the account, she should not be able to reach the funds.  Keep careful records, so that you can prove the facts.

If no child support or parentage order was ever entered, I doubt whether retroactive (back) child support will be ordered, unless the mother went on public assistance.

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

Answered 12 years ago | Contributor

I think the best way to protect yourself is to keep your separate property separate.  You have no legal responsibility for his children by another woman;  as long as it is only your name on the account, she should not be able to reach the funds.  Keep careful records, so that you can prove the facts.

If no child support or parentage order was ever entered, I doubt whether retroactive (back) child support will be ordered, unless the mother went on public assistance.


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