Getting married

[reflect]

Hello, a couple of questions. I'm going to be getting married soon and want to get some information about bank accounts, buying a house and tax forms. I don't want the custodial parent or the state to look at both incomes and raise support - it's already at over 50% of my gross income. My girlfriend has a descent job and can upt money down for a house, but do I want to remain off the papers for this?  Also, should we file separately and not have a joint bank account? Basically, I don't want to get her pulled into this financially if I can help it.

[MKx2]

There are VERY few states that have an [em]option[/em] to include a second spouse's income for calculating child support.  I don't know if I've even heard of that happening on this board - though I've only been here for about a year.  I'm sure there are others here who would know if there are/were.

As far as the house is concerned, why would you NOT want to be on the house?  Your ex can't take an asset from you after you divorce.  She has no claim to anything after that, unless of course you have something written into your court order that would allow that.

As far as checking accounts ... it might be wise to have a joint household account for purposes of mortgage payment utilities and groceries, while maintaining separate ones for personal things and credit card payments (the ones you have in each of your names).  We've never had seperate accounts and never had any problems (10 years now).

Filing jointly shouldn't be a problem -- if there is ever an issue concerning a tax refund, your soon-to-be can file a form called "Injured Spouse" which will allow her to receive her percentage of any refund due on the joint return.  I had to do that one year and it wasn't a problem - a very simple form you attached to your Federal Return.

Sheesh - I know you're trying to protect her, but ... don't make too many things seperate - in the long run you might be asking for some bad feelings on one or the other, or both, of your parts.

Congrats on your upcoming wedding - and good luck to you both!

[reflect]

Thank you for the information. I live in California, where laws are very difficult on the NCP. I was never married to the other mother either. I've had bad experiences with the judicial system due to all of this and have been trying to educate myself as much as possible. Everything I've heard up-to-date suggests that nothing is safe, including my soon-to-be-wife's finances in regards to purchasing things together. If my name is on a house, it is an asset they might try to take should I become unemployed or cannot make the high support payments. They also have mentioned about attaching onto a checking or savings account. I can have my own and then one for the both of us, but am I guaranteed they will not try to attach to that one as well?

I've been good so far, making all payments for nearly 7 years, but any chance that the courts might go after my new-wife's assets might destroy this relationship. So basically, are you sure about this? Anyone else have any information on CA law? Thank you so much.

[MKx2]

There is a HUGE archive of state information on this site.  If you double click on this word --  CALIFORNIA -- you'll get a search result page with several hundred articles.

We have quite a few posters here from CA, so I'm sure you'll get a fair amount of good information.

CA is an animal unto itself with some of the laws there (I'm allowed to say that since I was born and grew up in and around the greater L.A. area)  ;-)

[nosonew]

However, you may want to check about leins ---if you get behind in cs payments, ex can take out a lein against your properties, and if you try to sell them, she has to sign a release before you can.  

Anyone else?

[leskash]

My understandings are based on Washington law.  I do understand from friends that California is different and complicated.

This is not legal advise but merely my opinion:

Re your soon-to-be wife's income: in Washington, a new spouse's income cannot be calculated in determining the child support payment amount.  a new spouse's income can only be considered if you request a deviation to determine how much of the new household expenses you are expected to be responsible for.

Re income taxes:  you can file the injured spouse form previously referenced.  I have done this before and it wasn't difficult or more time-consuming etc.

re bank accounts:  if you have a joint account, it is my understanding that this account can be attached by the state/ex if you get behind in CS.

Re house:  I believe a lien can be placed on property if you owe back support.  

[reflect]

Thank you for this information. I agree - WA seems very similar to CA in these respects. So it looks as if I am ok with a joint account and having my name on the house as long as I don't owe back support.

Now I guess another issue arises. I went to court over CS when my daughter was almost a year old. The courts ordered support from when she was conceived, so from the start I owed back support. Is there any circumstance that is pretty normal where something like this, but for a different reason, can happen again?

I also have one other question. I receive my CS "bill" late everytime. In fact, sometimes it doesn't come for 2 months, instead of the normal month by month. When I get that bill, I immediately get a warning stating I am behind in CS and if I do not pay the full amount then a lien, or attachment will occur. I have asked numerous times for this to be corrected, but it never has. Can this also be cause for alarm in this matter?

Again, thank you to all for your help.

[oklahoma]

In regards to the late bill from CS--I wouldn't stress too much.  Certainly you shouldn't just ignore it, but as long as you are making payments, you are fine.

First of all, they really can't take any action (suspending license, seizing tax returns, etc.) until you are XX amount behind.  (I believe in Oregon you have to be $2000 or more in arrears.)  

Secondly, it is going to take time to get any action going, several months after you hit XX amount.  If you pay up, go below XX amount, then for some reason get behind again, the whole process starts over when you hit XX amount again.

Even after they send the threatening letters, in my experience, it still takes a little time to actually do it.  My husband spoke to his CSE caseworker recently and she told him as long as it was in by the end of the month, we were fine, even though it is ordered to be paid by the 11th of the month.

[Neversaynever]

>
>First of all, they really can't take any action (suspending
>license, seizing tax returns, etc.) until you are XX amount
>behind.  (I believe in Oregon you have to be $2000 or more in
>arrears.)  

I just posted on another board on this... My dh was filed "contempt of court" for two (2) months of unpaid CS. The amount was around $500.00.              Be warned, 'they' can do anything they want.  

[Neversaynever]

I've always had a problem with this.  The income/expense form in CA asks (regarding other persons who live with you):

Name, Age, how related, their gross monthly income and now if they pay some of the household expenses.  

Yep, they can get the joint bank account.  My understanding is that any account with your name on it (say you have a savings account for the child with your name included).  

Yes, they can place a lien on property and/or your business if self-employed.