Searching for Does A Prenup Include Child Support information? Find all needed info by using official links provided below.
https://family.findlaw.com/marriage/what-can-and-cannot-be-included-in-prenuptial-agreements.html
A prenup cannot include child support or child custody issues. The court has the final say in calculating child support . The court determines child support based on a "best interest of the child" standard, with several factors at play.
https://family-law.freeadvice.com/family-law/marriage/pre-marital-custody-agreement.htm
While you may be able to include some details about child custody and support in a prenuptial agreement, the court generally will not enforce any such details if the prenup is against public policy or if the court believes it is not in the best interests of the child to enforce them.
https://www.legalmatch.com/law-library/article/prenuptial-agreements-and-children.html
A prenup cannot include clauses regarding: Child support; Child custody; or; Visitation rights. Instead, these types of matters must be handled by a family court judge, made in the best interests of those children, and addressed in the court where the support or custody decision was made. Do I Need to Hire a Lawyer to Draft a Prenuptial Agreement?Author: Jaclyn Wishnia
https://info.legalzoom.com/can-child-custody-addressed-prenuptial-24640.html
Prenuptial agreements are not applicable in determining child custody, visitation rights and child support payments for future children of the relationship. These issues are determined by a judge who, after reviewing evidence and testimony, issues a decision based on the best interests of the children.
https://www.nolo.com/legal-encyclopedia/question-prenuptial-child-support-payments-prenup-28350.html
In some states, doing this can result in a potential child support savings because your husband's personal balance sheet will not be inflated by your income. This is worth investigating when the former spouse is likely to go to court over every penny; you might want to consult a good family lawyer.
https://www.marriage.com/advice/prenuptial-agreements/what-can-and-cannot-be-included-in-a-prenup/
Anything impacting child care: Upon divorce, a judge will award custody and child support as the judge finds to be in the best interests of the child. So courts will rarely pay any mind to child-related provisions in a prenup.
https://www.legalzoom.com/knowledge/prenuptial-agreement/topic/prenuptial-child-spousal-support
No state allows limitations on child support payment amounts in a prenuptial agreement. Child support payments are defined by state guidelines. On the other hand, spousal support waivers vary from state to state. States which follow the Uniform Pre-Marital Agreement Act permit the waiver of spousal support.
https://www.nolo.com/legal-encyclopedia/prenuptial-agreements-what-law-allows-30283.html
Although prenuptial agreements may include provisions for property and debt division, spousal support, and even inheritance rights, there are some critical topics that you can't control in a prenup, and you’ll need to address during the formal divorce process. Child custody…
https://www.legalzoom.com/articles/prenups-what-they-can-and-cannot-protect
If one party owned a house before marriage, the prenup could include a provision stating that this spouse would be responsible for all costs associated with the maintenance of that property. It can also protect the right to conduct any known transaction concerning property.
https://www.prenup.ca/contents/
@Tania – Yes, a prenup can include such clauses. To a large extent, as long as you and your partner agree on something relating to property division, it can be included in a prenup unless it ends up creating a very unfair result.
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