Can I include child support or custody in a prenuptial agreement?

Prenuptial agreements are an important part of many modern marriages, and any couple with significant assets on either or both sides should certainly consider using one to protect themselves. However, many couples do not understand the limitations of these agreements and jeopardize important protections they do have available by including invalid terms when creating them.

Often, these invalid terms include child custody and child support, which courts do not allow parents to dictate. While parents may propose child custody and parenting plans, and courts generally prefer for parents to do so, courts also retain the right to approve or disapprove of such a plan. In broad strokes, this is done to protect the best interests of the child and to ensure that neither parent gives away important parental rights under unfair pressure.

On the other hand, child support is not really up to the parents to determine in a meaningful way. Courts assess the resources of each parent and determine what is appropriate for the child to receive as support. Even though the custodial parent may receive child support on behalf of the child, that support is still the right of the child and not the parent. A prenuptial agreement cannot impact the rights of the child to that support.

If you plan to use a prenuptial agreement, it is very important to fully understand the protections it can offer and those it cannot. A skilled family law attorney can guide you through the creation of an agreement that meets your relationship’s needs and ensures that you do not miss out on important protections to your rights and the rights of the one you love.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Jan. 17, 2018