Q: Prenup to protect income from previous marriage child support obligations -ASUME
We currently live in Georgia. We are planning to get married in Florida. My partners exwife is currently living in Puerto Rico and receives child support thru ASUME. Before we get married we want to do a prenuptial agreement to protect my income from being subjected in the calculation of child support from his previous marriage. We each have four children and non in common nor will have. My question is if we do prenup in FL and marry in FL , will ASUME accept this prenup and marriage from another state and not consider my income for his child support payments?
A: So your inquiry is rather specific. I'm not exactly sure about what you think a pre-nup will accomplish in this circumstance. People cannot contract away their obligation to pay child support, if they have one. However, if you consult with an attorney to verify the facts first, I think you may be pleasantly surprised. A pre-nup is a great idea for a whole host of reasons. That too is worth talking about with a professional.
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
A: Child support in Georgia is only calculated based on the income of the biological parents. Accordingly, a new spouses' income would not be factored in calculating support. However, you would need to consult with an attorney in Puerto Rico, or whatever jurisdiction the order originated from, to confirm that that is the same in that jurisdiction.
A: You need to consult an attorney in Puerto Rico. In Georgia only the parent's income would matter, and that would be the case regardless of what your prenup says. Consult with an attorney in the state you plan to live to make sure that prenup meets the requirements that state sets forth. Regardless of where you live, your prenup will travel with you wherever you go. The issue is how the state you live in interprets it.
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