Child Support & New Marriage

by Kiara from Leesburg, Florida, Lake County

Child Support & New Marriage:
Hello, I got married recently to now my husband and he is currently paying child support to his ex wife.

We both have separate accounts and everything is in my maiden name, I have not changed my name.

Can his ex wife come after me for child support even though all our assets are separate and we both have nothing together?

Answer to Florida Court Forms Child Support Question

Dear Kiara,

You do not owe child support for your husband's children from a previous marriage. If he is seriously in arrears in child support my suggestion is that you continue to keep your bank accounts separate.

You might also want to file income taxes separately, because one of the ways to collect child support is for the Department of Revenue to request the IRS to capture his income tax refund.

If that happens and you file together, the IRS will take all of the refund, up to the amount owed and will not consider that part of the refund is yours. You can recover your portion of the refund, but not without extra paperwork and headache. Consult with your accountant before you file your taxes.

If you own a home together, and it is homestead property, the Department of Revenue cannot force the sale of your home for child support. But, they may be able to file a lien against his half of the equity in the home, and when you sell, they can take the money due for child support arrears.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Florida Court Forms Self Help Guides Our Self Help Guide, Modifying Child Support in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Child Support In Florida

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