Effect of prenuptial agreement on child support

Prenuptial agreement is often used to ensure that the property of any spouse remains and does not become joint as a result of marriage. This is done to prevent the children from the previous marriage can inherit it free and clear. Prenuptial agreement does have a substantial impact on property division in case of a divorce. There may be any provisions regarding the child custody, child support or visitation in the agreement. It is not binding on the court to agree the child support and custody provisions in the prenuptial agreement. However, the agreement can be used to determine the child support.

  1. Determination of child support in prenuptial agreement: There is no need to determine child support, child support payment, the amount of child support, etc in the prenuptial agreement. All these matters are decided by the court at the time of determining the custody of the child.
  2. Restrictions of prenuptial agreement regarding child support : There can be no restrictions about the child support, custody of the child, visitations by the parent in the prenuptial agreement. In the event of a divorce and if such restrictions are written in the prenuptial agreement, all of these become invalid. This is applied in all the states of the US.
  3. Waivers in child support due to prenuptial agreement : Prenuptial agreement cannot restrict, cut or add to the amount of child support. This is awarded by the court during the hearings regarding the child custody and child support. Hence, there is no waiver or any relinquishing of the child support by the recipient.
  4. Court decisions of child support with respect to prenuptial agreement : The final decision regarding the child custody and child support are taken by the court while deciding the final award. The court might consider the prenuptial agreement on child support that is made prior to marriage. The final decisions are taken while deciding the actual support as circumstances change.
  5. Considerations in child support due to prenuptial agreement : In many of the cases regarding the child support, the courts have considered the prenuptial agreement. The child support amount and other details have been done according to the prenuptial agreement. This is done only before the agreement is active. Courts may not agree to terms set forth by the prenuptial agreement in case it leaves the other party without any means of the support.