Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My boyfriend and I have been thinking about getting married. He owes back child support, he is working and paying now. Will the state (Oregon) garnish my wages because of whats owed if we were to get married?”
We are unaware of any state or system that will garnish a new spouse’s wages for back support. As his wife, you are under no obligation to provide financial support for his child from a previous relationship, particularly one who is not living with you. That said, a court could find that he has access to your income, thus in a round-about (and underhanded) sort of way finding a reason to increase the child support that he has to pay for that child. While most states do not do this (and indeed laws often prohibits it), it is theoretically possible, and so for that reason it would be wise to consult with an Oregon family law attorney prior to getting married.
