Clifton, NJ asked in Divorce, Child Support and Family Law for New Jersey

Q: If my fiance signs a prenup, can his exwife be entitled to more child support or more money after we marry ?

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.

Your fiancé has a child support obligation based on his current income setting from employment and potentially from the cash flow of his investment portfolio (if significant).

If he has an employment income of 250,000 per year and interest and dividend income of 50,000 per year, then presumably, he pays child support to his former wife based on an income setting of approximately 300,000 per year.

If he enters a prenuptial agreement with you now, presumably any money that he may receive from you under that agreement is presumably payable only in the divorce or death. The fact that in the future, he may receive a substantial sum from you in the event of a divorce or as a result of your passing, does not mean that his former wife has a right at present to a reexamination of his child support obligation.

Conversely, if as a result of marrying you, his employment/income setting will materially change and he will be earning significantly greater income, then his former wife will have a right to reexamine his child support obligation.

If you would like to have one of the lawyers in our office review the terms of your prenuptial agreement, please call us to schedule an appointment.

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