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Can a prenuptial agreement help if the person you are marrying has child with his ex wife and is paying child support does that became your responsibility also?
Wiki User
∙ 13y ago
It depends on the state you live in. In some states the new spouse is also responsible for child support. However, in most states they are not. That doesn't mean that DHS can't take money from a joint bank account or joint tax return though.
A prenuptial agreement is only between two individuals, and therefore has no bearing on state and local child support laws.
Wiki User
∙ 13y ago
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If you sign a Prenuptial agreement do you have to pay your husband child support order?
If you sign a prenuptial agreement then you are legally bound by that agreement. What did you agree to?
What does a prenuptial agreement lawyer do?
A prenuptial agreement lawyer assists couples in the drafting of prenuptial agreements before they decide to get married. These are formal contracts entered into by the couple, and can include agreements on the division of property and spousal support in the event of the marriage ending.
Will a prenuptial include child support?
In most states, like California, a prenuptial agreement cannot include restrictions on Child Support. The reason is that the state believes it has an interest in protecting children, and parents cannot limit what child support can be ordered by the court.
What is a prenuptial agreement?
A prenuptial agreement is written prior to marriage. It is an agreement by the people intending to marry about the divisions of property and spousal support if the pair end up deciding to divorce.
Does a prenuptial agreement protect the new spouse from child support?
Prenuptial agreement or not, the new spouse is not responsible for the child(ren). However, the State may place liens on real and personal property, including bank accounts, even though the new spouse is a joint owner.
When is it good to get a prenuptial agreement?
It is almost always a good idea to have a prenuptial agreement. You should have a prenuptial agreement if you 1) have children from another marriage 2) have substantial assets prior to your marriage 3) have substantial intellectual property from before your marriage 4) already own a home 5) own a business 6) your partner has debt 7) have another person who relies on you for support (ie: parent or sibling)
Can I claim child support from an April 15 1995 agreement filed with the Family Responsibility Office.?
yes
Will my ex pay less child support if im marrying someone wealthy?
Probably not, given that the new marriage does not terminate the child's father's legal responsibility to support the child.
Understanding the Importance of a Prenuptial Agreement?
A prenuptial agreement, more commonly known as a prenup, is a contract between two individuals who intend to marry or enter into a civil union. This contract, which is created prior to the union, outlines what will happen should the couple get divorced. Prenuptial agreements usually dictate how the couple will split their assets, property and handle spousal support. This agreement might also include provisions penalizing an unfaithful spouse or dictate certain spousal responsibilities. The main thing a prenuptial agreement may not contain is terms regarding the future custody or visitation of a child.How to Determine If You Need a PrenupPrenuptial agreements are used to protect the finances of both parties in case of divorce. Divorce can take a huge toll on a person's financial security. Without a prenuptial agreement, an individual might lose valuable assets he or she worked hard for prior to the marriage.Still, it can be difficult to determine whether a person really needs a prenup. Contrary to what many people believe, these agreements are not just for the rich. Generally speaking, anyone with valuable assets, like a home or retirement fund, should seriously consider a prenuptial agreement. Business owners, breadwinners, future breadwinners and people with dependents from a previous relationship should also consider a prenup. If you fall into one of these categories, forgoing a prenuptial agreement might strip you of your rightfully earned income or assets should you get divorced.How to Create a Prenuptial AgreementFor a prenuptial agreement to be valid, it must be in writing, created voluntarily and be reasonably fair to both parties. Neither party can attempt to hide certain terms or deceive their future spouse. To prove the agreement is authentic, both parties must sign the document in front of a notary public.While these requirements are fairly straightforward, writing a prenuptial agreement can be difficult. To create this agreement, individuals protecting large assets should consult an experienced attorney. In this case, both parties should consult their own attorney to ensure the agreement is in their best interests.Couples protecting more conservative assets can sometimes create their own contract using state-specific templates and forms. These forms are almost entirely written and allow couples to simply fill in the blanks. As long as your prenuptial agreement meets your state requirements, choosing to create your own contract or using an available template will save you both money and time.
Prenuptial Agreement Inclusions?
Getting married has never been a simple affair, with the numerous details that the couple is required to remember, and some details must be left up to others, due to the enormity of the task of planning and pulling off what everyone expects to be the most important day of their life. In addition to all of the aesthetics and religious aspects of the wedding, legal aspects of marriage have gotten to be a more prevalent part of the institution. Prenuptial agreements are becoming commonplace, and as such, there are certain inclusions that should be in an average prenuptial agreement, if it is an aspect of your marriage. Prenuptial agreements for the average couple should include financial agreements, property agreements, and last will and testament provisions should the marriage end in death. The financial agreements usually spell out how money or debt accumulated during the marriage will be split in the event of divorce. Also, it provides an amount for alimony or child support as well. Usually debt incurred before the marriage is left to the individual person to whom it belongs. For property, similar to finances, property purchased during the marriage is split a certain way, while property owned before the marriage is kept by the individual owner. Property, in the case of prenuptial agreements include art, jewelry, pets and anything of sentimental value, in addition to real estate. Child support payments are also agreed to, should the marriage produce any children. Also, children brought into the marriage are also written into the agreement, which will state whether or not they are entitled to support as well as natural children. Prenuptial agreements are best agreed upon well before the wedding date, so any arguments that could ensue do not overshadow what should be a happy time. Also, for the prenuptial agreement to be legally binding, it is imperative that both parties fully disclose any debts or assets they are bringing into the union. Even if the agreement allows each person to keep their individual assets, if everything is not fully disclosed before the agreement is signed, the entire agreement will be null and void. Thus making all the stress regarding the prenuptial agreement for naught.
Do you have to pay for orthodontic work for your child if you pay support?
You need to review your divorce decree, separation agreement and child support order to determine what expenses you may be responsible for in addition to your child support payments. Non-custodial parents often share the responsibility for child expenses that are beyond the usual needs.You need to review your divorce decree, separation agreement and child support order to determine what expenses you may be responsible for in addition to your child support payments. Non-custodial parents often share the responsibility for child expenses that are beyond the usual needs.You need to review your divorce decree, separation agreement and child support order to determine what expenses you may be responsible for in addition to your child support payments. Non-custodial parents often share the responsibility for child expenses that are beyond the usual needs.You need to review your divorce decree, separation agreement and child support order to determine what expenses you may be responsible for in addition to your child support payments. Non-custodial parents often share the responsibility for child expenses that are beyond the usual needs.
Can parents enter an agreement stating that in the event of divorce that one parent will not request child support from the other parent?
Generally, no. That's because a child has the right to be supported by both parents. A judge would not enforce that agreement since it runs counter to social responsibility, legal responsibility and public policy.
