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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear Bunny,
As far as you did not mention your state of residence and it is unclear whether both of you are going to live on your savings, or your husband will be back to work force soon, it is hard to be specific answering your question. We also do not know whether your husband’s child support agreement contains any precise provisions regarding increase in child support payments in case of significant changes in his income. Some couples write into their prenuptial agreement what the financial arrangements will be if they remarry.
Generally the court determines child support amount in accordance with child support guidelines in your state - these are the minimum standards for child support based on specific factors such as income (including overtime, contracts, investments, pensions, annuities, trust and estates, capital gains, social security), number of minor children, and which expenses are included under your state's guidelines.
We understand that if your prospective spouse’s ex-wife will ask court to increase the alimony and child support amount, the court may do so based on a presumption that ex-husband’s new spouse’s income is available to help pay his living expenses and he now has a greater share of personal income available for his own use.
We would definitely recommend you to seek an advice of an attorney licenced in your state.
Please note that Legal Helpmate is not a law firm and we do not give legal advices to the public.
Best regards,
Customer Support
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| Joined 10 Jun 2022 4:27 pm
2 posts
9.5/10 Rating |
Hi,
My name is Marilyn and my fiancé and I are planning a Feb. wedding. He is wealthy and I am in good financial standing. We have discussed a prenup but he is afraid I think he doesn't trust me if we have one drawn up. At first I thought that but after researching it and talking with several people, it seems that it would benefit BOTH of us by having money, investments, property, homes, est., divided and in writing before our marriage.
My question is do I as the spouse with the less wealth stand to benefit by signing a prenup? Or would I inherit his entire estate if we didn't sign one? Or would not signing one be an invitation to trouble with his three grown children whom he's not close with but will most likely expect to inherit a generous portion of his estate?
We are both Michigan residents.
Does it matter where we marry? We were thinking of eloping on a Caribbean island next winter. Or do you recommend that we have our nuptials performed in our state of residence-does that have any legal ramifications?
Thank you for your time.
Marilyn
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear Marilyn,
When prospective spouses decide to sign a Prenuptial Agreement, there may be hundreds of reasons that drive them in this direction. Among the most commonly known reasons are fears of family members desire to avoid litigation costs in case of a divorce or will contest, desire to protect children from previous marriage, and so on.
As far as Michigan is concerned, Michigan is an equitable distribution state which means that court may distribute marital property as it sees proper and fair. You can get assets close to fifty percent in case of divorce.
We understand that your boyfriend, as the wealthier party with a divorce experience, has to be more concerned about prenuptial agreement. A prenuptial agreement can make your life easier by setting forth the details of property distribution in the event of either divorce or death. We do not know whether he owns a family business, but if so, may be his children would feel more comfortable if he leaves certain ownership rights for family business among them and make them immune from your subsequent claims.
So, you are absolutely right when you write that both of you will benefit from this agreement. It does not matter where your marriage will take place but your prenuptial agreement must be signed in Michigan before your marriage.
Please note that Legal Helpmate is not a law firm and we do not give legal advices to the public.
Best regards and good luck,
Customer Support
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| Joined 10 Jun 2022 4:27 pm
2 posts
9.5/10 Rating |
Thank you for your quick response. You answered some of my questions very well.
Thanks again,
Marilyn
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Bunny (Offline)
UNITED STATES |
| Joined 7 Jun 2022 2:46 am
2 posts
9.5/10 Rating |
Thank you for answering my questions before. They helped a lot. We've considered your advice and are going to talk to a lawyer.
He lives in North Carolina, I live in South Carolina, we will be residing in North Carolina.
He and his first wife did NOT use a lawyer when they divorced. They created their separation agreement together and filed it in the court when they were divorced. Regarding the alimony and child support, he agreed to pay more than the state would of made him pay. Her alimony amount is locked at a certain number but the agreement does say that once a year she can go to him and ask for more child support and if they mutually agree then she gets it.
He will not be returning to work, we will live off money and investments I've made over the years which is a great deal of money. My concern as I expressed before is that she can take us to court and get more from him, just because he's married to me and now he's worth so much more himself. But now my question is- If their seperation agreement says the alimony is locked at a certain amount, and any raise in child support has to be MUTUALLY agreed upon, if he doesn't agree, could she take us to court then?
How big a mess are we really in? Thank you for all your help!
Bunny
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| Joined 22 Jun 2022 10:14 pm
1 post
Unrated |
Thanks for posting this. It is similar to my situation but I will be living in Ohio.
ERICKA
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