Legal Question in Family Law in Illinois
prenup question
I live in IL and am engaged to a man who has 2 children from previous marriage and tey currently live in AL with their mother. My question is in regards to the child support that he has to pay. If his ex chose to take him to court for child support increase, would she be able to go after my income if she wasn't able to get the increase because his income wasn't large enough to get it? Should I get a pre-nup because of this? I don't feel the need to have one otherwis because I only have a house where I owe more on it than the property is worth and I have nothing but debts and he doesn't have any, but I am concerned if his ex would decide she wanted to get child support increase and decided to go after both of our incomes. Please advise,Thank you,Joanna [email protected]
1 Answer from Attorneys
Re: prenup question
She cannot go after your income but she can go after any asset or retirement account you have. It is always a good idea to get a pre-nuptial as they are relatively cheap and much easier to draft and enforce than an agreement done after the marriage. For example, our firm often does flat fee arrangements for simple pre-nuptial agreements. It beats losing your retirement years from now.
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