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Child Support and Remarriage

It is not uncommon for someone with a child support obligation to remarry. Nor is it uncommon for a person marrying someone who has a child support obligation to wonder the impact of the obligation. Here we seek to answer some of the questions that may be too uncomfortable to ask before marrying someone with a support obligation.

Will My Income Be Considered In Assessing Future Child Support?

The short answer is, “No.” In both Ohio and Kentucky, child support is calculated based on the biological parent’s income. As a general rule, because you are a non-parent, your income will not be considered in child support.

Will My Income Be Used To Pay Back Child Support?

As a couple, you can decide together if you will use your income to pay their back child support obligation. It is not required.
However, there may be tax implications as tax season approaches. If you file joint tax returns, and you are expecting a refund, the government may take the refund under something called “revenue recapture.” They may take a refund, up to the amount of the back child support owed. If some of the tax refund is based on your earnings, and your previously withheld taxes, you can file a form with the government, preserving your portion of the refund.

Can I Lose Anything Besides Tax Refunds?

If the parent owed child support is so inclined, they can put a lien on any property owned by the person owing the debt. If you and your spouse own a home, even if it was originally yours before marriage, it is possible the parent owed child support could put a lien on the home. However, if the home remains yours, as premarital property, they cannot put a lien on the home.

How Do I Preserve My Property As Premarital Property?

The safest and best way to ensure the assets you own remain yours is to sign a prenuptial agreement before marriage. A qualified family law attorney can help with this.

If You Are Considering Remarriage

If you are considering remarriage, and either you have or your fiancé has a child support obligation, there are steps you can take to protect yourselves and each other. Of course, you will want to take care of the children. However, you should also take steps to protect your personal, premarital property. A prenuptial agreement can ensure that, should the marriage break down, each party to the marriage retains the property they had when they came in to the marriage. A prenuptial agreement takes little effort, but is an important investment in your family’s future.
Contact top family law attorney in Cincinnati, Zachary D. Smith, LLC, for assistance with your prenuptial agreement and all your family’s legal needs at (513) 275-1164 and /or for further information please visit www.ZDSLaw.com.


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