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Old 09-13-2017, 07:55 AM
momto1 momto1 is offline
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Default Spouse's child support arrears questions

My common law spouse has some child support arrears. Not an outrageous amount, but some. He's a realtor in a new area so he's slowly building up his client base while I'm the bread winner but because he's 100% commission based, it's not like he can make regular payments to FRO. He pays what we feel is a decent amount per sale towards the debt(between 20-25% of his commission after the 30% goes to the brokerage and another 15% we set aside for his taxes but now FRO wants 50% of each of his deals. Idk if they're just dumb or what, but garnishing that much would just end up making him unable to afford the costs of his job(like a lot of gas,and car maintenance because we live in a rural area and he has to cover a large area) and eventually, it would get to the point that he cant afford to continue in his field and then FRO wouldn't be getting the payments at all. It's not like he has any assets. He gave his ex everything except his car and a few personal belongings and then checked him self into the psych ward after dealing with her BS(which is a whole different story). Is there any way without having to go back to court for him to just keep paying what he can afford when he can afford it since his income is irregular? Business will pick up so they'll get more regular/bigger payments eventually, but right now he can't afford to have 50% garnished right off the top and afford to continue in the only field he's been able to tolerate since his military service in early 2000s.

Also, I'm purchasing a home. I'm the only one on the title and the financing but since he's common law, I know if we split he'll be entitled to half if we split, which is fine because he's not the type to actually take anything. That said, can FRO come after my house for his arrears?
We already don't have any joint accounts because I know they can garnish up to 50% of those, but I'm curious about the house if he's only entitled to it due to common law status rather than because his name is on the paperwork.

Also, we've discussed marriage over the last year or two. Would marrying make me also responsible for his debt? I feel like that's a dumb question considering ive been married before, but I didn't marry into debt. My ex and I were both always debt free until we purchased a home so I don't know these things.
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