Legal Question in Family Law in Illinois

I am trying to create a list of "wants" to be used in negotiating my premarital agreement and have a question about child support. I live in the state of Illinois. I know I cannot, nor do I desire to, add language to change the amount of child support that would be due in the event of divorce. However, since I earn well more than the average family, does Illinois family/child law allow for a premarital agreement to dictate that amounts in excess of a reasonable amount that would be needed to care for the child(ren) be placed in trust for future college, or to help the child with a wedding or first home? This way, I would only be paying what my child really needs in support and also be saving for my child's future big-ticket needs. Does the state of Illinois have anything that protects higher earners in this way? Ultimately, applying the states typical child support percentages (20% for one child, 28% for two children, etc.) would ultimately be enough to support my child(ren), potential ex-wife, and her new husband, which cannot be what child support laws intended.


Asked on 6/06/12, 1:57 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Since you can afford it you should hire a divorce attorney who is experienced in prenuptial agreements and child support. Personally, I don't believe that anything in a prenup relating to child support is enforceable as child support and child custody are solely reserved to the discretion of the courts.

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Answered on 6/06/12, 2:56 pm


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