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Protecting Your Rights In Family Matters

Can you set child support in a premarital agreement?

On Behalf of | Aug 17, 2021 | Child Support And Maintenance

A premarital agreement allows you and your soon-to-be spouse to work out financial issues in the event of a future divorce. While this may seem terrible, it is actually a very smart financial decision.

The law outlines a range of things you can and cannot include in your premarital agreement. According to the Illinois General Assembly, you cannot include anything pertaining to child support in your premarital agreement.

The point of a premarital agreement

In general, this document is to help make it easier for you in the event of divorce. It will work out many property division issues and help to ensure the separate property has protection from division.

The main idea here is to protect your finances going into the marriage. It will protect both you and your soon-to-be spouse. Plus, if you do end up in a divorce, it will make the process much easier and remove many of the issues that come up and lead to hostility in the process.

The child support restriction

When considering potential child support, you cannot include anything in your agreement that will impact child support in a negative way. Child support is not something between you and the other person. It is your legal obligation to your child, and the law sees it as something you cannot restrict or control through a premarital agreement.

While there are many things you can put in a premarital agreement, child support details are not one of them. You do not have the right to dictate how you will handle your obligations to your future child through such a step.