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Child Support, Paternity Tests, and Liability Through Marriage

Child Support, Paternity Tests, and Liability Through Marriage

Hello! My ? Is…. I married my husband while he was in prison. He had 2 children prior to going to jail or before we became married. The mother’s of the children has him on child support, but he doesn’t know if these kids are biologically his. One of the kids is 5 & the other is 6 years of age. He didn’t sign the birth certificates for either child. Is it too late for him to take paternity test and if he didn’t father them, get off child support? Also, since he is in prison & we did get married after these kids were born, am I liable to pay his child support? Can the court garnish my wages even if these kids are not mine? Also, when we got married, the paperwork that we signed. His social security # was recorded wrong & it belongs to someone else….. Does that legally mean that I’m not really married to him?

Your husband had 5 years to contest paternity regarding the two children. Since that window has come and gone, he is stuck paying child support.

You are not and never will be responsible for his child support. That is and will remain his sole debt. However, if you have jointly titled assets such as bank accounts or a house, the X could obtain a judgment and garnish the bank account or lien the house.

Your husband’s name must not be on any of your assets. If it is, you are at risk.

You should file an amended application for marriage license which states your husband’s true social security number. You marriage is still valid.

Attorney Fees for Unmarried Couple

Attorney Fees for Unmarried Couple

I’m from arizona. i was wondering, that if the mother of my child and me were never married is it possible that she can make me pay her attorney fees.

If the matter is in Arizona, you will need to consult an Arizona attorney. Each state has different laws.

Child Support Forcing Financial Crisis

Child Support Forcing Financial Crisis

Since being married to my husband of 2 years he has been making his child support payments to his ex-wife on time since having had gone back to court a year and a half ago. Although, he had been in the arrears for some time prior to that and since going to court is paying an additional $100 per month in hopes of someday catching up. He missed his January payment due to some unforseen financial strains we encountered and on Thursday child support enforcement garnished $900 from our joint account in which I’m the primary account holder and on Friday garnished my $1100 payroll direct deposit leaving us with nothing. The account is majority funded by my payroll direct deposits with little contribution from him, so is there any way of filing an injured spouse claim and having my monies returned?

Unfortunately no. You must have a separate bank account with your name only. You are at risk if both you and your husband’s name are on any bank account. If your husband’s name is on any account, regardless of whether or not it is primarily your money, the account can be garnished.

Child Support Termination Jurisdiction

Child Support Termination Jurisdiction

I currently reside in NY state. The obligation to pay child support terminates when a child turns 19 in Colorado. Does this also apply to a 19 year old with child that still lives with the custodial parent? Would I be able to file an emancipation motion?

I assume your child support order is from Colorado. If not, you will need a lawyer in the state which issued the child support order.

In Colorado, child support terminates when the child reaches the age of 19 unless the child is disabled and unable to care for themselves, the separation agreement states otherwise, or some other reason which creates the need for continuing support. Unless your X petitions the court for an extension of child support, it will terminate at age 19.

Child Support, Tax Request from Absent Father

Child Support, Tax Request from Absent Father

I have a child who is 15 and the biological father pays monthly child support. I am the sole custodial guardian of the my son and the father, by his own choice, has never met or spoken with my son. The father has recently requested for him to be able to claim my son on his tax returns until he is 18. Given that the father has never offered to see my son has never spent any time with him, does he have a legal right to claim my son as a tax dependent?

Your x-husband’s right to claim your son as a dependent on his tax returns is independent of his exercising visitation with your son.

If the Order of the court allows him to take the tax deduction, provided he is current on his child support, he can take the deduction.

If their is no Order of the court, you have no obligation to allow him to take the tax deduction.