questions & answers

Question: My boyfriend owes almost $100,000 to the State of California. He is paying off the welfare that his ex wife was on. His paychecks are garnished and as of a few days ago his bank account was too. I was planning on joining the Navy in the spring and we wanted to get married. My question is: Will his child support debt transfer to me?Will they be able to garnish my wages and bank account? Will any of this be put on my credit score?

Answer:

In Arizona, generally when debts are incurred prior to marriage, they are considered “separate debts.” Spouses are not generally responsible for the separate debts of the other spouse. A spouse can become responsible for separate debts if he or she agrees to be responsible for the separate debt. This information is stated in the Arizona statutes: A.R.S. §25-215.

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.
B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.
C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state.
D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.

In Arizona, according to A.R.S. § 25-211 there is a presumption that all earnings and property obtained during a marriage are community property. In contrast, according to A.R.S. § 25-213, property owned prior to marriage, and property gained in the marriage by gift, or devise (i.e. through a will), or descent (if there was no will), are presumed separate property.

Because of the amount of the debt, you may wish to consult a family law attorney who can more fully explain to you the consequences of the debt on your assets if you are married. If you join the Navy, they will generally have legal assistance available for you.

Question: My boyfriend owes almost $100,000 to the State of California. He is paying off the welfare that his ex wife was on. His paychecks are garnished and as of a few days ago his bank account was too. I was planning on joining the Navy in the spring and we wanted to get married. My question is: Will his child support debt transfer to me?Will they be able to garnish my wages and bank account? Will any of this be put on my credit score?

Answer:

In Arizona, generally when debts are incurred prior to marriage, they are considered “separate debts.” Spouses are not generally responsible for the separate debts of the other spouse. A spouse can become responsible for separate debts if he or she agrees to be responsible for the separate debt. This information is stated in the Arizona statutes: A.R.S. §25-215.

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.
B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.
C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state.
D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.

In Arizona, according to A.R.S. § 25-211 there is a presumption that all earnings and property obtained during a marriage are community property. In contrast, according to A.R.S. § 25-213, property owned prior to marriage, and property gained in the marriage by gift, or devise (i.e. through a will), or descent (if there was no will), are presumed separate property.

Because of the amount of the debt, you may wish to consult a family law attorney who can more fully explain to you the consequences of the debt on your assets if you are married. If you join the Navy, they will generally have legal assistance available for you.