Child Support & Retirement (Prenup)

[mph821]

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!

 

[Neal1421]

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.

 

[Accountable]

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.

 

[mph821]

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?

 

[Accountable]

Yep....so a prenupt may be the way to go......(I'm not a lawyer, though).

 

[MrsK]

Get the prenup. It cant hurt to protect yourself, just in case.

 

[Ohiogal]

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.