| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/2/2008 5:13:16 PM | Sounds like a relationship reduced to dollar signs...if you are going to have kids...the sky should be the limit and be no part of a pre-nup. Its really tacky to ask this question...its not a relationship its a business deal if this has to be asked. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/2/2008 5:34:04 PM | | ^ In the end, it is always reduced to dollar signs. By the way, the amount of $2,500/month for two children is an overpayment in my opinion. There are a lot of adults who would love to make that much. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/2/2008 5:40:23 PM | | lmfao.....funny how the men say 1 thing and MOST of the ladies say something else. i happend to b canadian and pay child support .....for the most part it isnt CHILD support its HER support or better knowen as a free ride. lets jus sit back a min and figer out how much it cost to raise a child? or better yet half a child cuz ya theres 2 of us. i would think the courts SHOULD uphold this agreement .....no diff having to pay $1000 a month by law but she says NO i think $800 a month is good?maybe he should just not have kids with her ? go get fixed but dont tell her .......ha ha jokes on her ............lmfao have a great day all........ | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/2/2008 5:44:48 PM | | One of my partners makes around $100,000/year. After about 20 years of marriage, he found out that his partner was cheating on him. Anyway, she is now suing him for $1,500/month in child support and also suing him for spousal support. The thing that really bothers him is that he knows (and so does she) that it only cost them around $600 - $800/month to raise their children, so as is quite common, that extra is just gravy for her gin and tonics, salon trips and manicures. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/5/2008 7:39:49 PM | I meant you have it made as in your government calculates by gross take home pay from my understanding! not net take home as the canadian government does!
as for trying to collect from a woman well hell im with you on that one brother they pretty much are the same up here so good luck to you! and I! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/12/2008 6:21:57 PM | Actually, He should put it in the Prenups that if she decides to leave him before 10 years, then she leaves with "Secondary joint custody". Meaning that he gets to keep the kids on primary custodial access and she gets secondary and he can decide where they will live and then not have to pay child support to her.
This is about the full of what could happen, if he believes that she's just in it for the free ticket. Put a 10 year clause in that and after 10 years,.. retire. heh :)
If you leave the relationship and there was no 'just' cause like infidelity, abuse or some whackjob thing (S)he did. Then the person leaving should relenquish primary custody. It's their fault that the relationship is falling apart. I'm also a fan that the one making more money should support the one making less.
Guy makes 45K roughly 35K after Tax. 28K after child support
Woman makes 65K. roughly 45K after tax. 52K after support
After 20% (In Texas), the guy would live on 28K?!?!? Not very likely. The Child support laws were made to help a lower incomed wife support herself when the husband left her with nothing.
Reverse child custody on same pay.
Woman makes 65K, 45K after tax, 36K after child support
Guy gets child. Makes 45K, 35K after tax, and 44K after support
Which is more fair to the couple and the child in whole?
The person making more money should be given the burdon of the support, or the child support should be balanced to even out their pays equally. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/13/2008 12:21:11 AM |
Actually, He should put it in the Prenups that if she decides to leave him before 10 years, then she leaves with "Secondary joint custody". Meaning that he gets to keep the kids on primary custodial access and she gets secondary and he can decide where they will live and then not have to pay child support to her.
Not aware of Texas laws at all, but in Canada this wouldn't be allowed in a pre-nup... can't predetermine custody OR support. For the simple fact that you can't contract into the future what the "best interest of the child" will be.
If you leave the relationship and there was no 'just' cause like infidelity, abuse or some whackjob thing (S)he did. Then the person leaving should relenquish primary custody. It's their fault that the relationship is falling apart.
Canada is "no fault". The reason for the marriage (or co-hab) break down has no bearing on who gets custody. Similarly, support (child and spousal) is based on need, not fault.
I'm also a fan that the one making more money should support the one making less.
That's how it works in Canada. Which is why I had to pay my co-hab SO spousal support - even though HIS affair ended our relationship. LOL | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/14/2008 1:03:20 AM |
Canada is "no fault". The reason for the marriage (or co-hab) break down has no bearing on who gets custody. Similarly, support (child and spousal) is based on need, not fault.
Yes, unfortunately. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/27/2008 9:09:04 PM | Europe (or UK as I know) has a better set of laws. There is a cap on the maximum amount of CS payment. Looks like some women in North America (reading the responses here) mostly go into the marriage with dollars signs. Greed..Greedy!!! Most women are generally greedy when it comes to this issue..."in the best interests of the child"!! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 2/28/2008 4:30:10 PM |  the simple man sure will get tons of dates after that ignorant comment. Put your glasses on and read again. The reason most women get custody of children is because they do care more about their children and their needs. Not all men are self centered boys, some men do have and take custody of their children and I have met some really great dads! I will not be jaded into ever thinking that most people go into a marriage for money. I will not believe that is the case with my marriage, but daggone, you spend 3 years fighting a jerk and then come on here and read your comment. Really, most, come on, small number of men and women might marry for money! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 3/27/2008 10:02:14 PM | ..lets face it...there are far more female "gold diggers" than male. Besides statements that "the reason most women get custody of children is because they do care more about their children and their needs" is just totally untrue (just like saying men are more intelligent than women)!
It so beats my mind as to why women dont ask for "equality" when it comes to child custody! Why dont they preach the same "feminazi" principles that men and women are equal hence men should get same custody arrangements (or offer joint custody) as them.
Talk about having your cake and eating it! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 3/27/2008 11:21:48 PM | IN CANADA For 2 children and a gross annual income of $300,000.00, the monthly maintenance payments will be $3,891.00
it says so right here :)
http://www.fmep.gov.bc.ca/resources/maintenance-calculator/index.php?income=40.000.00&children=1&err_inc=yes | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 3/28/2008 3:10:47 AM | It is a sad state of parenthood when a parent has to argue over how much child support to pay. It seems that the NCP wants to get out with as little as they can, leaving the CP with the burden to raise the child on their income. It seems as though the child is left standing on the outskirts while the parents argue out the money.
Both parents should be equally responsible for the cost of raising the child. The custodial parent does have additional costs that the NCP does not. A two/three bedroom apartment surely costs more than a one bedroom; utilities for two people cost more than for one; food for two costs more than one, daycare costs lots of money, cost to school the child (even in a public school) are increasing (children are required to have certain supplies), health insurance costs are rising as well as deductibles and non-covered services, the cost of clothing as a child grows is increasing and the cost of childcare in order for the mother to work are very high. Also include the cost of outside activities for the children.
Think about all the things that you as a couple had to or did provide for your child and then multiply that by the number of children. And, also add into that annual inflation rates and increases in utility rates, gasoline costs, clothes as children grow, etc, etc. To put the majority of the burden on the custodial parent is allowing the non-custodial parent the ability to slack off on their responsibilities as a parent. There is also the increasing cost of providing health insurance coverage. The costs should be split 50/50.
It is true that more women than men who are divorced have primary custody of the children and, if you read the statistics, you will find that most are not living in a lap of luxury; they are struggling to just get by. If you feel that this eats up too much of your income, then get a second job. You helped to create these children, you need to take responsibility for your decision to have them!!! If you don't like the arrangements or think that you can provide for them in a less costly manner, then go to court and ask for custody or get a second job.
PS...I have never been in a situation where custody was an issue with children, but it only seems fair that both parents are EQUALLY responsible for all of the costs of supporting those children.
I say shame, shame shame.... | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 3/28/2008 10:32:13 AM |
My friend makes well over $300K and is looking to marry his g/f of 2 years. He wants to know if the issue of child support payments can be included in the prenuptial agreement. They agree on having a max of 2 kids and he thinks a max of $2500/month for both kids should be more than enough (ie should the marriage breakdown)! He is British and she is Canadian.
Would the courts uphold this or nullify it and base it on his income?
It is a very important responsibility raising children and it seems the op's friend didn't want the responsibility. It is nice that some fathers do want it and and some mothers do want it. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 3/28/2008 4:52:57 PM |
PS...I have never been in a situation where custody was an issue with children, but it only seems fair that both parents are EQUALLY responsible for all of the costs of supporting those children.
Absolutely! Being responsible is paramount for the well being of the children then personal issues of the parents,[aka-adults]
And the other shame and which I find quite sad & destructive is when these so called adults [parents]use their children as fawns in the sole propose as a tool against each other.  | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/6/2008 11:09:33 AM | | I think a pre-nup should be based on what individuals have before marriage, You know what you had you keep. Things earned together during a marriage should be equal. If they jointly purchase things together then they divide equally. It's kinda bad to think about divorce if your seriously planning on a marriage. So if each partner just keeps what was theirs prior to marriage. I think that's already the law anyway. True marriage is a relationship not a business deal. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/6/2008 12:08:42 PM |
Reading this thread (and many others on the subject) have illustrated one thing very clearly to me, never have children. I propose a Baby Strike in addition to the much-maligned "Marriage Strike." If the government wants to use children to punish non-custodial parents--men in particular--then screw the government. Where will they turn to acquire bodies to toss into invasion and occupation forces if we're not squirting 'em out? Outsourcing? Cloning? I doubt governments can ever reach the efficiency and sheer numbers that coitus can produce alone.
Turn elsewhere for the money to fund and operate your [government's] self-sustaining extortion agencies. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/6/2008 12:51:38 PM | TallTexann,
Let's not confuse wanting to get a prenuptial agreement to ensure equitable settlement of assets should a marriage go awry with selfishness. It is a prudent practice for any one entering into a marriage relationship to get such protection , both for the high and low earner in the union. I am sure there are many Men who have no problem helping to raise the kids they helped bring into the world, but that doesn't entitle the mother of those kids to a permanent life line visa vis his pocket book for the rest of her life. I find it curious that a guy would marry a woman that would frown on a pre nuptial and see it as a sign of alterior motives on her part. Objectively viewed, if a woman is in a relationship for Love then she should be willing to leave as she came should the Love dissolve, excluding the production of kids which necessitates *mutual* payments to take care of the kids. The problem is many divorce settlements in the US (depending on the Judge) tie the "lifestyle" of the mother into custody of the kids, which is hogwash. If a woman meets a well off man and has kids with him and then they get a divorce, he should be obligated only to maintain the lifestyle of his kids, not the mother. She should have had a career or job prior to their meeting to take care of herself. Of course that says much about the wife selection of these Men so fault goes both ways. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/7/2008 10:06:15 AM | ^^^^^ Well, GG75, if the procedure and paperwork BEFORE you get married isn't contractual, I'd like to know what is. And because it IS a contract under common law, it's ALL ABOUT THE MONEY. Love has no place in contracts. The one exception is no-fault, which is expressly anti-contract law. Breaking a contract in the business world usually carries penalties and fines, and doesn't require both parties to share in the financial apportionments.
Sounds like a relationship reduced to dollar signs...if you are going to have kids...the sky should be the limit and be no part of a pre-nup. Its really tacky to ask this question...its not a relationship its a business deal if this has to be asked. A relationship IS about dollar signs because of the process you undergo before you marry. Hell, even the bloviation by the priest or rabbi during the marriage ceremony is a verbal contract: "...to blah blah blah, until death do us part." So, why isn't the end of a marriage contract--that's exactly what it is, and you know it to be true--a legal, dollar-driven deal, even if the beginning of the contract merely implies that there might be a heavy-duty outlay of expenses to keep the contract going?
If you don't know this, know it now: The COMMON part of common law doesn't mean that we have a lot in common, it means that property is a part of a COMMONS. That it can be apportioned, and that it is reduced to a monetary value. So much for LOVE. This is what we cynics have been saying to the delusional for centuries--love has no place in common law marriage.
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/7/2008 11:21:38 AM | | GG75, for a person who is retired and finanacially secure at the tender age of 31, you would be taking a foolish risk to do otherwise. I guarantee after one bad marriage, you'll have to come out of that retirement pretty damn fast. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/9/2008 6:23:36 AM | | No child support would be measured on what the present day income is at the time the marriage ended. Prenups are for individual assets only. Children fall under a protective guideline. I am sure he cannot do this. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 5/9/2008 1:30:06 PM | You are correct, Jeanie. As the child(ren) are not competent parties to any prenuptial agreement, child support cannot be contracted in/out for him/her/them. I for one, however, do believe that our legal systems needs to find a better way to effectively gauge the costs involved in providing for a child's basic care and a more effective way of ensuring that the child support funds are appropriately applied.
The primary complaints we continually hear are that the payments are too little/much, and that the monies are not being used as intended by the courts and payors. If our courts are to properly administer to these such matters, then they should do so diligently, rather than the half-assed, unaccounted-for manner that they do now. | |
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