Legal Question in Family Law in Massachusetts
Remarriage question
I am engaged to a woman, divorced, with 2 kids, and I am divorced with 2 kids as well.
I've heard that my ex-wife could argue that once I am re-married and living with my new bride that I will have a lower cost of living and therefore am able to contribute more to her in the form of alimony and child support.
Is this true? If so, is there anything I can do (eg. prenup) to lessen her argument?
Thanks!
3 Answers from Attorneys
Re: Remarriage question
She can make the argument, but it is not likely to be valid given that you will have two kids living with you full time and that as a result there will be no real savings to you.
The argument is usually, since you are married and assuming your new wife works, she can contribute to the cost of housing etc so your cost of living is less. In this instance, I assume you can make an argument that your cost of living is not less than it was, because you will have to help supplement the cost of your step-children as you will all be living together, so there will be no real savings.
You might want to retain counsel to help you, if your wife seeks modification of child support.
Re: Remarriage question
She is correct. The prenuptial does not deal with this issue.
To lessen the exposure, obviously your expenses are going to arise.
There are also new child support guidelines that emerge as of 1/1/2009
Re: Remarriage question
While this is theoretically true, the fact of the matter is that the court almost invariably uses Guidelines support, and only uses your actual income. If your future wife is making as much as Donald Trump (or is even a successful neurosurgeon or some such) this may be concern. If the "Trump exemption" applies, a prenup benefiting the future wife will probably not change anything, because the judge is only interested in taking money from YOU and your "freed up" income.
If you have specific concerns, you should engage a good an honest attorney and pay for a more complete analysis based on your current situation and future expectations.
P.S. -- If you marry Trump's female counterpart and she takes care of you financially, you can CERTAINLY afford to give most of your comparably small earnings to your kids for support.