Can my new husband's ex consider my income for child support or attach lien to my property purchased prior to our marriage (IN)?

Asked over 3 years ago - South Bend, IN

Getting married in October. New spouse has 2 children from previous marriage. He's current on support/medical obligation. Can ex request more support based on my income? If anything happens, can she put a lien on my home that I purchased over 5 years prior to our marriage? Should I have a pre-nup for my home/retirement/bank accounts? She divorced him, but is vindictive and doesn't want him to be better off than herself. Divorced since 2006, but he still owns a home with her (she's on mortgage and title). They filed bankruptcy 8 years ago (vacated), however mortgage industry has changed and he can no longer re-fi on his own. He owes her $2500 out of equity & don't blame her for not signing off title even if she gets her $ because she's on mortgage. What can I do to protect myself/assets?

Attorney answers (2)

  1. John D Barrett

    Contributor Level 10

    Answered . This is a long and complicated question. In general, your assets would be secure. However, you would want to be cautious with joint bank accounts and joint assets, including joint tax returns. I suggest you meet with a family law attorney to discuss this issue in detail.

    This is an answer to a legal question posted on AVVO with limited facts and should not be construed as creating an... more
  2. Jeffery Michael Haupt

    Contributor Level 14

    Answered . In most situations, a new spouse's income won't be considered for child support purposes. However, joint assets can create the possibility that you could be faced with a lien in later situation if he was ever to get behind on support.

    A prenup might be something to consider, but you may also want to keep separate accounts and such to avoid the possibility of future liens or bank account seizures (especially if she has signed up for services at the prosecutor's IV-D child support office). There's a lot that can go into this decision and I'd be happy to discuss it with you further.

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    While I really do try to be as helpful as possible, you have to remember that every legal situation is unique, and... more

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