Can my fiancee and I get married if he owes back child support?
My husband was divorced in NC and his child support was established there. We moved to TX and want to get married. We have 1 son and a daughter on the way. We fell into a financial burden and fell behind on his child support. We are trying to catch up with the due amount. Should we wait until it is completely paid before we get married? What happens if we get married before it is paid? Will I become responsible for paying it? How can we get the payment lowered now that we are going to have 2 kids also?
As long as the divorce is final, you can get married. While there are a number of ways in which unpaid child support is a more serious problem than other unpaid debts, this isn't one of them.
There are ways that this can affect you, though. You won't become directly responsible for paying his child support, but if you file joint income tax returns, the whole refund could be taken and applied to his arrears.
It is sometimes possible to have child support reduced, where there is a new family. Your future husband would need to go back to court, and ask for a new ability-to-pay hearing based on the change in circumstances. Any reduction cannot be retroactive to when your children were born, only to the date the papers are filed with the court, so he should consider doing this now.
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