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Is there a prenuptial agreement for child support?
My boyfriend and I are getting married in a month. We intend to have children, and I plan to take a two-year sabbatical from my teaching job at the university. Is there a prenuptial agreement for child support?
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Answers
Yes and no. You and your boyfriend may set forth in a prenuptial agreement who will be responsible for supporting the children of a prior marriage or those of an upcoming union. Such a stipulation is often inserted in the premarital contract where one spouse is putting aside her career in order to raise children. As a general rule, however, agreements on child support are not allowed in prenuptial agreements. All fifty states void restrictions on child support payments in the event of divorce. Courts will also not enforce any waiver in a prenuptial agreement of child support by the recipient. It is the courts that determine the amount of child support during a custody hearing, and they do so by following the best interest of the child standard. Some courts have examined and modified child support stipulations in prenuptial agreements prior to the date that the agreement is intended to be executed or before the birth of children.
Talk to a Family Lawyer before taking any steps towards creating a prenuptial agreement. It is critical that the agreement is drafted by a legal professional.
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Posted by Yara Zakharia on 24 Jun 2010
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