Legal Question in Family Law in Mississippi
Poast nuptial agreement
If my wife agrees, can she legally pledge/obligate her income to me for management services of debt. She is deep in debt in credit cards and I am willing to step in and manage her/our funds if she can somehow place me as owner of her income. She has a spending addition. I have bailed her out time aftr time and w/o something in writing between us, I'm not willing to invest in it. She is willing and I also if an instument can legally bind her to direct her income to me and never use credit cards again.
1 Answer from Attorneys
Re: Poast nuptial agreement
You are probably considered to be in a fiduciary relationship with your wife and any agreement with her must be supported by consideration. Your proposed agreement binding all her future income and requiring her to never use a credit card again is probably unenforceable. If she has a spending addiction, she probably needs behavior modification by a psychologist. In the meantime, consider creating a guardianship for her or entering an agreement wih her to have her pay direct deposited into a fiduciary trust account in which you are somebody else serves as trustee; obtain a durable power of attorney from her so you can handle her business matters; and enroll her in the Fair Issacs credit watch.
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