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Question
Posted by: Thea | 2010/03/01

child support

My boyfriend and I are planning to get married. Will his daughter''s mother be able to claim for non support from my income? And does it depend if you married in- or out of community of property?

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Our expert says:
Expert ImageFamily law expert

No, she will not be able to claim anything from you. Having said that, I would advise that you marry out of community of property.

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Our users say:
Posted by: G-Dad | 2010/03/03

Apology in such case, no only his income can be considered for maintenance not yours, I know of some cases where people tried their luck, but legally you are not the biological parent and has no responsibilities towards the child unless you adopt the child.

No she can not claim from you at all or even ask for a joint income.

Reply to G-Dad
Posted by: Thea | 2010/03/03

Maybe i wasn''t clear but he does pay maintance and takes very good care of his daughter. To refrain the question i wanted to know if she can claim maintance on our joint income. But thanks for the advise guys my question is answered.

Reply to Thea
Posted by: Family law expert | 2010/03/03

No, she will not be able to claim anything from you. Having said that, I would advise that you marry out of community of property.

Reply to Family law expert
Posted by: sandra | 2010/03/02

Maintenance is the father''s responsibility. it has nothing to do with you. so dont worry about that. but if he is not supporting his child, is it wise to marry him? Otherwise go ahead and get married if not the case. good luck.

Reply to sandra
Posted by: G-Dad | 2010/03/02

He has responsibilities and it an offense if does not support his child, if he currently avoid his responsibilities, how can you still want to get married to him, he will do the same to you.

No they can not force you to pay for his kid, but you are taking a big risk, does he work or is he a loafer, if I were in your shoes I will not even consider getting married to such person, unless he is financially stable and not a blood sucker.

Do your self a favor, if you marry this bum, then make sure you have a contract before marriage, make sure you protect all your assets.

Reply to G-Dad

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