can a prenup protect my earnings from his ex?

Question

My fiance & I live in Texas (community property state). I knew him when he was going through his divorce & how incredibly fair he was (actually more than fair) to his ex. They did not have a prenup, but do have two kids. We are getting married soon and I've been thinking about a prenup. Not so much to protect me from him - our assets are fairly equal, we've already discussed & planned how to take care of debts, etc. I think we are pretty good on the financial front. However, I want to make sure that his ex can't come back & get increased child support because of my income. (This is my first marriage, I do not have kids of my own). If we sign a prenup that says he is not entitled to any of my earnings, would that ensure that my income is never taken into consideration if she petitions for increased child support. I love him, but they aren't my kids and I don't want my money going to pay for them. He does not pay alimony (TX doesn't order alimony). He is always on time with CS

1. his ex is moving across the country 2. i'm being realistic. I have no legal obligation to these kids. It's not selfish to want my income to stay with my & my FH. I don't argue over the fact he pays CS, I just dont see how it would be fair that my income be used to calculate for his responsibility. 3. I end up spending plenty of money on the kids when they are at my house - toys, games, movies, food, etc. Not to mention the 40 hrs in a wknd I end up playing barbies. 4. I don't hold anything against the kids, like I said - they aren't MINE. their parents should be responsible for them financially. 5. I've found that if she remarries we can't use the extra income she would have to get his support reduced, why should she be able to use mine to get it increased? 6. I didn't ask for judgment, I asked if anyone knew a fact. What if we got divorced? Are you saying I should still be financially resp for his kids? I would think not! and if not, why should I be when we are married?

Answer 1

http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/word/fa.005.00.000154.00.doc

You have to search through it, but this is from the TX family code. It states what is considered as income, what is subtracted (ie - taxes). It also states that new spouse income is not considered, nor are any expenses for the maintenance for the new spouse or the spouse's dependents. CS is based on a formula (percent) per the number of children. If other children come into the picture - ie child support to someone else, you have kids together, that is taken into consideration.

You are correct. You do not have any legal obligation to the kids. A moral & ethical one perhaps, but the court agrees that you are not responsible to pay for someone elses kids.

Answer 2

In most states the new spouses income is not used to compute child support. The law does not hold you responsible for supporting his children. This is the same logic that will prevent your hubby from trying to get support reduced if his ex remarries

Answer 3

If you were worried about alimony, then I could understand your situation.. but for you to be all worried about it, based on the fact that you don't want YOUR monry taking care of HIS kids... well, that's just selfish, and cold hearted.

You are the one who is choosing to marry a man who already has children, with his ex-wife. You are the one who has decided that it is the life you want. You are going to be the step-mom to those children. I'm assuming that when they are in your care, you would take care of them.. so why do you have such a problem caring for them (financially) when they are not in your care?? That's not right... and it's just not fair to the innocent children involved.

I'm sorry, but it's not like your money (if it did affect the child support order) would be going to take care of his ex-wife. You would be helping to take care of his children, which is something that you should be more than willing to do.. being as you are the one marrying a man who already has children. You are going to be in their life, and for you to want to keep your money seperate, just to keep from helping with child support.. that's just really selfish on your part.

I would think that any court would go back and count your income as far as child support orders go.. since the total income is what determines how much is paid. If you love your fiance, and you love his children.. you will do the right thing. Don't look for ways to avoid helping out with the kids, just because you have an issue with his ex-wife.

Do the right thing, and help take care of those children (yes, that does include financially).

Answer 4

Gee, what a sad state of mind to be approaching a marriage. Since when would it be about protection against a person's first wife? I had the unique experience of being in a very serious and committed relationship with an exceedingly wealthy man for almost 7 years. When the topic of prenuptials came up, I responded that if he took such great care of me before we were married, I would presume he would continue the same behavior after we were married. He was stunned, and his lawyers were stunned. And, regarding his first wife, my opinion was: She bore his children and bathed them, fed them, loved them, and created a home for all of them. It was always my opinion that after all that, she should never want for anything in this world. (keeping her ex husband's financial status in mind) Because of my feelings on that issue, I had the unwavering loyalty of his (and her) children - and still do. I ended up breaking up with this wonderful man, because it wasn't the right relationship for me, but I would have held to my opinions if we had eventually married. Surely you can trust your new husband-to-be to protect you, right? Or am I completely out of touch with the real world...possibly I am.

Answer 5

Take your concerns to a lawyer for advice. My instinct says she can and prolly will get the increase should she so choose...but maybe not.

I'm fairly certain a prenup is not the correct legal tool you need to shield your income from her. Like I said, I doubt there is a good defense for it...but ask a lawyer.