Will a State Garnish My Wages if My New Husband Owes Back Child Support For a Child From a Previous Relationship?

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“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?”

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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.

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Author: House Attorney

A house attorney has answered this question.