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Conference quokka::non_custodial_parents

Title:	Welcome to the Non-Custodial Parents Conference
Notice:	Please read 1.* before writing anything
Moderator:	MIASYS::HETRICK

Created:	Sun Feb 25 1990
Last Modified:	Fri Jun 06 1997
Last Successful Update:	Fri Jun 06 1997
Number of topics:	420
Total number of notes:	4370

188.0. "Will a prenuptual agreement work?" by ROYALT::BOUCHER (Hugs are free and easy to give!) Tue Jan 07 1992 13:11

    I couldn't find any notes specifically addressing this, so here goes...
    
    As I mentioned in my latest reply, we're giving serious consideration
    to getting married the end of February.   If we are married when we
    finally get into court over the custody/support and we do not win
    custody - he's worried that his ex may be able to have my income and
    property taken into consideration when determining child support.  Or
    that even down the road, she can try to have it taken into
    consideration to increase the amount of support. 
    
    When she filed for divorce the 2nd time in Florida (meanwhile the 1st
    one was taking place that week in Kentucky) there was a section in
    there that said any assests he'd acquired she wanted as a lump sum for
    child support.  He doesn't haven any assets, but I do.  A house, car,
    stock, etc.
    
    He wants us to sign a prenuptual agreement saying that my income and
    assets can not be taken into consideration for child support.  So, my
    question is - would a prenuptual agreement protect my assets and
    salary?
    
    Thanks
    
    Joyce

T.R	Title	User	Personal Name	Date	Lines
188.1	see lawyer	CSC32::HADDOCK	SYS$CMGOD();	`Tue Jan 07 1992 13:31`	8
	Joyce, This is one area in which I do not have much experience. I would suggest that there is enought likelyhood that a prenuptual agreement would help for you to talk to your lawyer. You'll need his/her help in setting this up right anyway. fred();
188.2		ROYALT::BOUCHER	Hugs are free and easy to give!	`Tue Jan 07 1992 14:08`	9
	I called my lawyer's office and spoke with his secretary. He does handle prenuptual agreements. I outlined the situation to her and she said it sounded like a good idea to protect my assets - she's going to have him give me a call to set up an appointment. I would still appreciate any inputs from folks who've had experience in this area! Joyce
188.3		AIMHI::RAUH	Home of The Cruel Spa	`Wed Jan 08 1992 06:53`	3
	What I have seen from pre-nups is forget it. They are not worth the paper and effort. I know a man who was married two months, had a pre-nup. And got the sharp stick in the eye over it.
188.4		AIMHI::RAUH	Home of The Cruel Spa	`Wed Jan 08 1992 06:54`	3
	As a matter of fact, this man is posted in this file. He is the guy who threatened to bomb the court house with a vintage airplane and leaflets. :-)
188.5		ROYALT::BOUCHER	Hugs are free and easy to give!	`Wed Jan 08 1992 10:58`	6
	According to my lawyer there is no need for a pre-nuptual agreement. He said under the law I am not legally obligated to support the children, whether or not we have custody. That my income can not be taken into account when determining child support. joyce
188.6	..?	REGENT::WOODWARD	I'll put this moment...here	`Wed Jan 08 1992 13:22`	8
	This is interesting. A similar note is in Mennotes. And the replies seem to suggest that an CP can get more Child Support if NCP marries. Doesn't seem at all fair. Congrats to you and your fiance, Joyce! I really really hope everything works out for the best. Kath
188.7	2nd Opinion Possible?	MACROW::MCCLURE		`Thu Jan 09 1992 11:21`	5
	I would get a second opinion! After all, the law is FULL of loop holes! If I was in a situation like that, I believe I would feel better if I had a pre-nuptual agreement. If you are dealing with vindictive people, you just never know. Better to be safe than sorry...
188.8		ROYALT::BOUCHER	Hugs are free and easy to give!	`Thu Jan 09 1992 12:18`	4
	Actually in a conversation with someone they asked me what law or precidence he was using. I've got a call in to find out! Joyce
188.9	Keep a close watch...	MACROW::MCCLURE		`Thu Jan 09 1992 12:30`	3
	Good idea! Sometimes justice is not always served! Good luck...