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Old 09-08-2005, 12:03 PM
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do i need a prenup?


What is the name of your state?What is the name of your state? AZ

do i need a prenup if i just want to protect myself and future assets/inheritances from my fiance's child support/alimony payments?

if so, what's an estimated cost for one and how fast can they be done? does it have to be done before the marriage or can it be done shortly thereafter?
  #2  
Old 09-08-2005, 03:22 PM
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Quote:
Originally Posted by Joce3232
What is the name of your state?What is the name of your state? AZ

do i need a prenup if i just want to protect myself and future assets/inheritances from my fiance's child support/alimony payments?

if so, what's an estimated cost for one and how fast can they be done? does it have to be done before the marriage or can it be done shortly thereafter?
You can just as easily protect yourself by keeping your finances completely separate from your husband's.
  #3  
Old 09-08-2005, 03:48 PM
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Quote:
Originally Posted by Joce3232
What is the name of your state?What is the name of your state? AZ

do i need a prenup if i just want to protect myself and future assets/inheritances from my fiance's child support/alimony payments?

if so, what's an estimated cost for one and how fast can they be done? does it have to be done before the marriage or can it be done shortly thereafter?
Arizona is a community property state.

In a community property state, the husband and wife are deemed to equally own all income and assets earned or acquired during the marriage. This means that both the husband and wife are deemed to equally own all money earned by either one of them during the marriage, even if only one spouse works. In addition, all property acquired during the marriage with "community" money is deemed to be owned equally by both the wife and husband, regardless of who purchased it.

A pre-nup will only allow you to decide before the fact, how marital property is to be divided during a divorce proceeding. It does NOT protect assets brought into the marriage from being used to determine child support.

25-320. Child support; factors; methods of payment; additional enforcement provisions; definitions

D. The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, including:

1. The financial resources and needs of the child.

2. The financial resources and needs of the custodial parent.

3. The standard of living the child would have enjoyed had the marriage not been dissolved.

4. The physical and emotional condition of the child, and the child's educational needs.

5. The financial resources and needs of the noncustodial parent.
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