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Can we include child support restrictions in a prenup?

On Behalf of | Nov 18, 2022 | Family Law |

With all the celebrity divorces in the news, prenuptial agreements have become a hot topic — and rightfully so.

Prenups force couples into the difficult conversations that every couple should have before marriage: Do you want kids, and if so, how many? Where do you want to live? What would happen if someone cheats, or develops a gambling problem?

These are just a few of the important questions that are answered and negotiated in the prenup drafting process.

Can these agreements also restrict child support?

Prenups generally

In California, prenups are called Premarital Agreements in the Family Code.

The California Family Code allows for pre-married individuals to craft prenups that spell out the rights and obligations that relate to all property (individual and community), including past and future property.

You can also add in the right to dispose of property, including management and control.

A prenup can also include ownership rights of death benefits, choice of law provisions and outline personal rights and obligations.

Any mandate or restriction on one’s personal rights and obligations cannot violate public policy or mandate illegal actions.

Child support restrictions

Child support restrictions are not allowed in prenuptial agreements.

This is because child support is the right of the child. As such, it cannot be infringed upon by a prenup.

Just because these child support restrictions are included in a prenup does not necessarily mean the entire prenup is voided. But child support restrictions should not be included.

For Los Angeles couples, living in an area with such wealth means that you are particularly aware of the issues surrounding high asset divorces.

Many of these issues can be avoided with a prenup, which has the added benefit of starting your marriage off on the right foot.

However, to make sure that it is legally enforceable, you will likely need to work with a local attorney.