The Effect of a Prenuptial Agreement on Child Support
Before two people marry, and if at least one of them has substantial property, investments or holdings, an agreement may be legally written that will protect each party's possessions if the marriage ends in divorce.
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Determination
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Child support, including desired amounts, should not be written into a prenuptial agreement. Such support is decided by a court at the time custody is determined.
Restrictions
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In a prenuptial agreement, there can be no restriction in support, visitation or custody of a couple's children in the event of a divorce. Should restrictions be written into the agreement, they would be invalid in all 50 U.S. states.
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Waivers
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As a prenuptial agreement cannot restrict, cut or add to the amount of child support that is awarded by a court in the event of a child custody hearing, neither can it allow a waiver, or relinquishing, of that support by the recipient.
Court Decisions
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While a court can consider an agreement on child support that is made prior to marriage, the final decision on the matter is determined by that court and not the prenuptial agreement.
Considerations
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In some cases, courts have addressed and adjusted child support in accordance with prenuptial agreements, but only before the agreement is active. But courts may not agree to terms set forth in a prenuptial agreement if it leaves the other party without a means of support.
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References
Resources
- Photo Credit Image by Flickr.com, courtesy of Tim Parkinson
