Mary Carollo: Can Prenups Affect Child Support?

In family law, and as a Prenup Lawyer, I’m asked about whether prenups can affect child support. The quick answer is no, but read on. You might be surprised at what you discover.

As a parent, you may be concerned about child support for various reasons. On the one hand, you may be a custodial parent who is worried about being able to provide for your children or your child’s other parent refusing to pay what they owe. On the other hand, you could also be a non-custodial parent who cannot pay child support due to economic struggles you are experiencing. In Salt Lake City, and all Utah regions, it is essential for you to analyze child support laws and obligations if you are thinking about filing a divorce petition or are already in the middle of divorce.

According to the Utah Courts, if you have a premarital agreement, it cannot be used to affect child support. For example, a prenup cannot lay out how much child support a parent will be obligated to pay or eligible to receive in the event of a divorce. Moreover, there are other legal topics related to children that prenups cannot control, such as costs related to child care or health coverage for children. However, valid prenups can lay out the way that personal property and real property is split up when a couple divorces.

If you have children, you should do your best to make divorce easier for them, if you decide to move forward. By understanding your rights and the relevant details of your situation, you may also be able to reduce your anxiety. Remember, this is not to be viewed as any kind of substitute for legal recommendations.

HOW IS PERSONAL PROPERTY DIFFERENT FROM REAL PROPERTY?

If you are approaching the divorce process, various challenges may be in front of you, such as child support and custody issues. That said, the division of property can be especially complex and may have a major impact on your life. If you live in Salt Lake City, you should review the property division laws in Utah and understand key terms, such as personal property and real property.

According to the Utah Courts, personal property and real property have a number of differences. For example, personal property is generally movable, while real property consists of land or something that has been constructed on land indefinitely. Some examples of personal property include furniture, jewelry and boats or automobiles, while examples of real property include a family home, the land it was built on or any other real estate that belongs to a spouse.

When courts decide to sell real property, the proceeds are usually distributed fairly between each spouse. In some cases, one spouse is able to retain real property, so long as other conditions are met. If you are worried about how your marital property will be split up or have any other questions related to the property division process, it is important to carefully assess all of the details of your divorce and take steps to secure a more favorable outcome.

HOW IS MARITAL DEBT DIVIDED DURING DIVORCE?

Whether you are worried about losing the family home or who will be awarded custody of your child, divorce can generate a number of stressful issues. However, property division matters can be particularly complicated and may affect your financial future in different ways, such as the distribution of your marital debt. If you live in Salt Lake City, or another Utah locale, you should attempt to understand how courts in Utah decide to split up marital debt.

According to the Utah Courts, spouses usually share the responsibility of marital debt that was acquired for family-related reasons. However, those who retain property that has outstanding debt, such as a vehicle with an auto loan, will usually be responsible for paying the debt on that property. Unless one party agrees to cover their spouse’s personal debt, courts usually decide that a spouse is not responsible for his or her spouse’s personal debt.

If you and your spouse can come to an agreement on the division of your marital debt, your agreement will be part of your divorce decree. Depending on the details surrounding your divorce, the distribution of marital debt may move forward smoothly or create serious financial roadblocks in your life. As a result, you should be prepared for the possible impact of dividing debts and other financial matters associated with divorce.