Getting married...he's got an ex....need a prenup? Kentucky Kentucky

[kabfrench]

--------------------------------------------------------------------------------

Hello! My fiance and I plan on getting married in September this year. He has been married previously, and pays child support.

If we marry, am I responsible for the child support as well? Or would a prenuptial agreement help?

[mommaholdme]

The parents' income, cost of child care, medical insurance, is used to determine CS... your income won't be included. However, if you and he have kids, and then too divorce, the obligation he has to the kids born with his first wife will be honored and could reduce the amount of support he is required to give for your kids. On the flip side... the CS amount he gives for his children born in his first marriage, will not be reduced or impacted because he has children with you... or has to pay child support for children you and he have. Is that as clear as mud?

In considering a prenup... you might think about different potential scenarios... Let's say that you and he never have children of your own. You and he work hard for 20 years and build a great fortune. Just when you're ready to retire and live the "good life" he kicks it... you're left with a fortune, a dead body, and heirs to his "stuff". I would imagine if you worked equally hard and provided equally to your great fortune, then you'd reasonably assume that his heirs should get their inheritance... BUT... if he worked at McD's (and let's not fault the folks who work at Micky D's- at least they're paying taxes) and you worked as a real estate developer and your income exceeded his by hundreds of thousands... then what's fair isn't necessarily what will be legal. Just something to consider.


Good luck!!! And just for some unsolicited advice... Don't get married until you're at least 28... the person you are at 28 is completely different than the person you are at 21/22. Don't be naive' and believe that his first marriage wasn't successful all because of HER! I'll bet her side of the story is just as convincing as his. It's so interesting how the view of things changes when you put on different shoes.

[xena]

--------------------------------------------------------------------------------

Hello! My fiance and I plan on getting married in September this year. He has been married previously, and pays child support.

If we marry, am I responsible for the child support as well? Or would a prenuptial agreement help?

If your husband falls behind in his CS, a pre-nup will NOT protect you because the court/state can seize or levy ALL accounts and assets that are jointly held.

The best way to protect yourself is to keep all of your monies seperate from him, do not have any joint bank accounts. If you each have a seperate vehicle, do not put his name on the title or financing, same for a home that you are buying with ONLY your money.

No, your income cannot be used to determine his CS obligation.