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

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

Posted

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.

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Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

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. Jonathan Levy, PhD calls or emails usually returned within 24 hours.

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3 comments

Hillary Johns

Hillary Johns

Posted

aka prenup

Jonathan H Levy

Jonathan H Levy

Posted

Maybe but the IRS and child support are very aggressive crediotrs - other asset protection may be needed.

Hillary Johns

Hillary Johns

Posted

True

Posted

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.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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1 comment

Hillary Johns

Hillary Johns

Posted

I'm in LA and San Diego and that'd be my advice. If your own home and he's got debts like that no matter how much you love him, have him sign a prenup. If he can't afford a lawyer, pay for another lawyer to review your prenup.

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