My Fiance is Paying Child Support to his Ex, Can She Come After my Income Once We are Married?

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“I’m getting married to a man that has been previously married. His wife is presently collecting child support from him. She will probably take him back to court to ask for an increase in child support. Under Maryland law, is she entitled to come after my income once I’ve married her ex-husband?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

For the rules specific to Maryland you would need to consult a Maryland attorney – and you should. Under the law of California, where I practice, your income could not be factored in unless there were exceptional circumstances, such as your new husband quit his job so that he could claim no income, while you supported him.

Some states, however, will let the court take a new spouse’s income into account, while others don’t take the new spouse’s income into account directly, but they do factor in the fact that the support paying parent now has access to the new income, or may have their own expenses reduced by his new spouse’s income.

Again, your best bet would be to consult an attorney in Maryland, and before you get married, in case there are ways in which you need to and can protect yourself at the outset.

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Author: House Attorney

A house attorney has answered this question.