Can you put child support in your prenup?

Posted by David Jacks | Nov 23, 2015

On behalf of The Jacks Law Group posted in prenuptial agreements on Thursday, August 20, 2015.

If you're drafting a prenup in Las Vegas, you're already thinking about the future. You're thinking about what may happen if you and your spouse-to-be ever decide that you want to call things off and get a divorce. A natural line of thinking that springs from this is to consider that you may have children at the time you split up.

As a result, some people decide that they want to put child support regulations in their prenups. After all, the prenup is to square away assets and income after a divorce, and child support can be a huge part of that.

However, you're not actually allowed to address child support at all when a prenuptial agreement is made. Yes, it does have a financial impact on you, but you can't do anything about it since child support payments are usually up to the court.

The risk is that someone would sign away his or her rights to child support in a prenup, perhaps not thinking that the document would ever be needed. After a divorce, though, that person may not have enough money to raise the children safely and properly. If the prenup could keep the other party from having to support the children at all, or could at least reduce how much support was given out drastically, it would not be fair to those children. Parents are not allowed to sign away their children's rights in this fashion.

As you write up your prenup, be sure you know exactly what the law says you can and cannot include to have a legally binding document.

Source: FIndLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Aug. 20, 2015

About the Author

David Jacks

David Jacks is a seasoned attorney and founder of The Jacks Law Group, PLLC, in Las Vegas and Henderson, Nevada. Born and raised in Las Vegas, he served as an Animal Care Specialist in the U.S. Army before transitioning to a career in law. He earned his BA in Political Science from UNLV and his JD from Arizona Summit Law School. David’s practice focuses on family law and personal injury cases, including divorce, child custody, and car accidents. He is recognized for his professional excellence and has received numerous awards. David is actively involved in the legal community and various professional associations.

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