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07-13-2007, 02:05 PM
| | Junior Member | | Join Date: Jul 2006
Posts: 5
| |  Child Support & Retirement (Prenup)
Hi! I live in California and need to know if a prenup can protect me from my future husbands prior child support obligations and my retirement fund? Also, is this easy enough to do on a "do it yourself" form? I rather not pay an attorney $1,000 if I'm able to get through it on my own. thank you! |
07-13-2007, 02:11 PM
| | Senior Member | | Join Date: Nov 2005 Location: TN
Posts: 1,561
| | | You don't need a prenup to protect you from your future husband's child support obligations, just keep your finances separate.
Neither you income, nor retirement will not be a factor in his child support.
__________________ When a person shows you who they are, believe them the first time.  |
07-13-2007, 02:45 PM
| | Member | | Join Date: Mar 2007
Posts: 585
| | | Just to clarify
Your income, assets and retirement, either pre or post nuptial, cannot be used in the calculation of your future husband's support obligation for children born of other relationships. You would be wise, as Neal1421 advised, to avoid comingling of your income with your future husband's. |
07-13-2007, 02:50 PM
| | Junior Member | | Join Date: Jul 2006
Posts: 5
| | | retirement alone
Hi, thank you for the advice, I had planned on not comingling our monies together anyway so that's good to know. As far as the retirement is concerned, I didn't mean that the child support could get in the way. I meant the retirement (from a public agency account) that I've been adding to for the last 7 years, I believe he does have 50% rights to the money I earn during our marriage, if I choose not to get a prenup. Correct? |
07-13-2007, 03:00 PM
| | Member | | Join Date: Mar 2007
Posts: 585
| | | Yep....so a prenupt may be the way to go......(I'm not a lawyer, though). |
07-13-2007, 04:14 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 1,836
| | | Get the prenup. It cant hurt to protect yourself, just in case.
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I'm not a shoulder to cry on, but I digress...
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07-13-2007, 09:04 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 34,546
| | | However hire an attorney skilled in prenups because they are not that easy. Basically they can easily be overturned in a divorce depending on various situations -- how close to the wedding they were signed, how much of the assets were disclosed, whether each party has an attorney, how long the parties were married, the changes in circumstance during the marriage and what not. I have talked to a couple attorneys that have managed to get every pre nup they have come up against voided for one reason or another.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
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