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

Asked almost 2 years ago - Tacoma, WA

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.

Attorney answers (4)

  1. Bruce Clement

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    Contributor Level 19

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    Answered . 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. Sean Ryan Kennedy

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    Answered . 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. Michael T Millar

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    Answered . I would suggest a pre-nuptial agreement to shield your premarital assets from the debt that he brings to the marriage.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  4. Jonathan H Levy

    Contributor Level 20

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    Answered . 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

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

Child support lien

Child support liens may be placed on a debtor's property if he or she owes child support. They grant interest in the debtor's property until the debt is repaid.

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