The creation of a prenuptial agreement is a task that requires the utmost detail as well as extensive knowledge of family law and more specifically especially the legal requirements associated with creating a valid, binding agreement.

This is a job that should not be left to someone who has minimal experience in this area and has not drafted several prenuptial agreements. The law provides for very strict rules regarding the timing of when parties can enter into a prenuptial agreement as well as regarding the proper financial disclosure that must be exchanged between the parties. If these rules are not strictly complied with, then your prenuptial agreement might not be held up in court. No two prenuptial agreement are alike as everyone’s circumstances are different. Part of the prenuptial agreement process should be meeting with your attorney to discuss your individual circumstances so that a specific individualized agreement is prepared and not a generic form which the same attorney uses in all cases.

Common questions regarding prenuptial agreements are as follows:

Can a prenuptial agreement address where our children will live if we get divorced?
No, a prenuptial agreement cannot legally contain provisions regarding child custody, parental responsibility, child support or timesharing.

Can you represent both me and my future spouse with regard to a prenuptial agreement?
No, an attorney is prohibited ethically from representing both parties with respect to a prenuptial agreement.

Can the prenuptial agreement prohibit my spouse from seeking alimony from me?
Yes, all forms of alimony can be waived except temporary alimony.

If I own property before the marriage, will this property be protected if I get a prenuptial agreement?
Yes, if your agreement is drafted correctly and in accordance with the law. If the prenuptial agreement is drafted correctly, then all increases in the value of the property during the marriage (both passive and active) will be the separate, nonmarital property of that party. This is an issue where specific drafting is required. The law regarding the proper language required to waive increases in the value of property during the marriage is very detailed and specific.

Frequently Asked Questions Regarding Child Support

  • My spouse works overtime frequently, does the Court consider this overtime in determining child support?

    If the overtime is regular, continuous and likely to occur in the future, then yes, it is included in determining the amount of child support.

  • I don’t trust that my spouse is going to pay the child support , can it be taken from his paycheck?

    Yes, if you request it, the Judge will sign an Income Withholding Order which will be sent to the employer who then will garnish the wages for the child support.

  • My parents and friends often give me money, does the money that I receive count when determining child support?

    Generally no, the money you receive from third persons is not included in the child support calculation. However, there are cases that provide that regularly occurring gifts which are likely to continue in the future are counted as income for purpose of child support.

  • My employer provides me with a free company car that I used all the time. How does this impact the child support?

    The value of the personal use of the company car is included as income for purposes of child support.

  • I pay child support for children of a prior relationship, how does this affect the child support I will pay in my current divorce?

    If the child support you pay for the children of a prior relationship is actually paid, then this amount will be deducted from your income in determining your child support in your current divorce.

  • I pay for my children’s health insurance, does this factor into the child support calculation?

    Yes, the amount one parent pays for the children’s health insurance is factored into the child support calculation.

  • My children attend day care, which I pay for, how does this affect the child support?

    If the children are attending day care because you are working, looking for work or going to school, then the amount that you pay for day care is factored into the child support calculation.

  • My children are involved in extracurricular activities such as dance and football. How does this impact the child support that my spouse pays?

    Generally, the cost of extracurricular activities is not included in the child support calculation. However, often times the parties will agree or the Court will order that the parties split the costs of extracurricular activities in addition to the child support that is paid.

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