My boyfriend and I are discussing marriage. He has a child support lien and IRS debt (50K) Can I be protected from this?

Asked 6 months ago - Tacoma, WA

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I am wondering if Washington state and the IRS recognize debts as personal prior to marriage or do they become community property?

I own my own home and he doesn't want to risk me losing it or putting his debt responsibilities onto me.

His child support order is from Washington State.

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  1. Pro

    Contributor Level 18

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    Answered January 02, 2013 13:21. Yes. In theory, pre-marital debts remain the sole responsibility of the original debtor. In addition, child support is normally the sole debt of the obligor after marriage. However, I have seen courts and agencies make mistakes. The best option is to execute a pre-nuptial agreement that adresses these issues.

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  2. Pro

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    Answered January 03, 2013 09:44. You will want to enter into a separate property agreement outlining what property and debt will be deemed to be that of the individual and not the marital community.

    Furthermore, look into Injured Spouse Form 8379. This will protect you from the IRS taking your refund checks to satisfy his liability. The separate property agreement will go to support this treatment. Washington state is a community property state, so issue like this are a little tougher to maneuver around. However, it isn't anything you can't do with a little planning.

  3. Pro

    Contributor Level 18

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    Answered January 01, 2013 17:39. I would suggest a pre-nuptial agreement to shield your premarital assets from the debt that he brings to the marriage.

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  4. Contributor Level 20

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    Answered January 02, 2013 06:12. Worth seeing an attorney about in order to protect your assets.

    This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr.... more

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