No Waiver of Child Support in Premarital Agreement
Friday/January25/08
You cannot waive child support with a premarital or
prenuptial agreement.
Couples about to marry can enter into premarital agreements covering a variety of subjects. Usually, couples are concerned with property issues. Once in a while, a premarital agreement will include a provision limiting child support.
But premarital agreements cannot be used to establish the amount of child support on divorce or waive child support. In fact, the Uniform Premarital Agreement Act specifically says: "The right of a child to support may not be adversely affected by a premarital agreement." The reasoning behind this point is that child support is paid for the benefit of the child, not the parent, so the parent has no right to waive or limit the child's rights.
Couples about to marry can enter into premarital agreements covering a variety of subjects. Usually, couples are concerned with property issues. Once in a while, a premarital agreement will include a provision limiting child support.
But premarital agreements cannot be used to establish the amount of child support on divorce or waive child support. In fact, the Uniform Premarital Agreement Act specifically says: "The right of a child to support may not be adversely affected by a premarital agreement." The reasoning behind this point is that child support is paid for the benefit of the child, not the parent, so the parent has no right to waive or limit the child's rights.
Premarital Agreements Can Cost You Dearly
Tuesday/January15/08
A big wedding is canceled over a premarital agreement.
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