Legal Question in Family Law in Massachusetts

anti-nuptual agreement

I live in Ma. and will be marrying a man who pays child support for 2 children. I make 4 times more than him.

When I marry him can the wife ask for more child support because of my income?

will an anti-nuptual agreement help?


Asked on 3/26/09, 3:36 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: anti-nuptual agreement

The rule is that to the extent that you lessen his bills, the court may consider you income, under limited circumstances. There are a few ways to protect yourself, however.

This is not a prenprenuptial, as you stated.

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Answered on 3/26/09, 9:41 pm
Gabriel Cheong Infinity Law Group

Re: anti-nuptual agreement

This is not something that a prenuptial agreement can protect you against. However, contrary to Attorney Lee's advice, I would advice you to get a prenuptial agreement only because I believe all couples who marry should have one because IF you were to ever divorce your husband, it will be so much easier and cheaper for you down the road in terms of divorce.

It also gives both you and your fiance a chance to really get to know each other's finances and outlook on finances.

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Answered on 3/26/09, 9:46 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: anti-nuptual agreement

We often answer this question here; you can find similar answers elsewhere. the gist is, your income does not figure into child support. No pre-nup is needed, because you cannot be made to pay support for children who are not yours.

HOWEVER, the courts -can- determine that your new husband is entitled to your support, and that his needs are being met by your income. The court can thus, in theory, raise his child support. This is not all that common, but can be sought if the mother's attorney has brain cells AND the facts otherwise support it (e.g., kids living near the poverty line while dad in lap of luxury).

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Answered on 3/26/09, 3:54 pm


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