Oscat
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Joined: 8/23/2007
Msg: 1 | |
| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 9:12:57 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? | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 9:18:53 AM | I don't think pre-nups are worth a chit when kis are involved. Need to ask a lawyer this one. Better yet ask your buddies GF. I'm sure she's figured out to the DIME how much she's gonna take this sucker for when it all goes to h*ll. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 9:24:48 AM | | Call the paramedics, I agree with Hiway-man on this one. Child support is mandated by law and is based on percentages. In TN both incomes are taken into account and what ever the total percent of child support would be based on both incomes, the amount is charged to both to equate equal shares although the person who earns $300,000 would pay much more than the spouse who earns $30.000 even if the greater wage earner has custody. | |
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Oscat
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Joined: 8/23/2007
Msg: 5 | |
| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 9:45:45 AM | I told him that in North America (unlike United Kingdom), there is no maximum child support hence people pay as much as $5000/month for one child depending on their income.
Anyway does this make any sense? What normal child needs $5000/month? I read of a dad who paid such ridiculous amounts (average of $6250) for 13 years and therefore felt justified not leaving anything for this kid in his will. He had 3 other kids, btw!
I think there should be a maximum ceiling on child support payments! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 9:47:29 AM | | I know this because I've recently been through it, no matter what agreement his wife signs with him about child support even if it is agreed in the divorce settlement she is free to go back anytime prior to when the kids are 18 and re-open the amount of child support he will pay. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 9:59:29 AM | | While any clause in a prenuptial agreement limiting child support will be ignored by all U.S. divorce courts, I have heard of one legal loophole that can work to the same end. Simply include a clause in a PA that whatever child support is awarded, she owes an equal amount to you as a private debt. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 10:33:38 AM | | With her being canadian and him being british, he really needs to be careful. Under canadian law, prenups can be easily null and voided by judges, and british courts would be prone to recognize that even if he did try to run away. He better make sure that he loves her, because if it goes south, he can lose the majority of his money | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 11:01:24 AM | Guy makes 300K a year.. and thinks his 2 children will be adequately supported on less than 1/10th of that amount a year? Me thinks those kids will be used to a much higher standard of living and much whining will ensue lol.
What happens if the first "child" is a set of triplets? These folks are assuming they can control wayyyyyyy too much in life.
Would be interesting to see what would happen IF the guy lost his great paying job, was forced to downsize considerably and was STILL held to that amount  | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 11:06:01 AM | | I think any woman who would marry a selfish man, who needed a pre-nup and who would deny anything to any child he personally brought into the world, is absolutely crazy! I don't know Canadian or British law but if she were here, she'd be best waiting until the inevitable divorce and she could collect over $6000.00/mth. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 11:29:10 AM | there are sites where you could go to calculate approximate child support payment.
the one i went to said $1273 a month for a $300,000 a year person paying support to a person who had custody and was making $30,000 per year. oddly enough it would only be $1400 if the other person didn't even work at all.
then again..it is utah here so..y'know..take it with a pound of salt..
seems that if he's trying to negotiate maximum child support before they're even married, that things aren't just quite going to work out anyway.. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 2:57:06 PM |
Guy makes 300K a year.. and thinks his 2 children will be adequately supported on less than 1/10th of that amount a year? Me thinks those kids will be used to a much higher standard of living
The above quote from "Its justme" tells me that this guy is ABSOLUTELY right in being scared. I didnt know that a child's needs (food, diapers, school, toys, etc etc) are priced or sold based on the percentage of a man's income. I wonder how much the stores (Wal Mart, Home Depot, Toys r Us etc etc) charge guys like Bill Gates and Warren Buffet for basic neccessities for thier kids. And yes, they do shop at these stores.
Talltexann: Providing $3000/per month for the kids is definitely not being selfish or denying a child needs. That is even definitely over the top! What is the woman bringing to the table? Being a billionaire doesnt mean you spend a million$$$ on your kid(s) annually. This is absoluetly ridiculous to think that having a child(ren) with a rich person entitles you to an open bank!!!
Its thinking like these that give us woman bad rap. Not all of us are money grabbers or gold diggers.
Pbear511
seems that if he's trying to negotiate maximum child support before they're even married, that things aren't just quite going to work out anyway..
I think it is the best route to go these days. There are too many of us (women) out there looking for an easy way to make a buck off some mans sweat. Ask Sir Paul McCarthney - and I'm sure he'll tell the OP to tell his friend to run. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 3:19:19 PM | Anyway does this make any sense? What normal child needs $5000/month?
No, why does that matter?
What I've learned in the past two years is that the legal system here doesn't function on "sense", it functions on "cents".
Not all of us are money grabbers or gold diggers.
True but irrelevant. Marriage is a bad deal for men, period. It's a guarantee of liability with only a promise of happiness. The guy would be nuts to marry her, but then it again, you can only really know that by doing it. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 3:30:24 PM | | In Canada, amounts payable for child maintenance are set by Federal Government Guidelines and are based on the income of BOTH parties and it's the law that you pay (or else). You can lose your license to drive, have your pay garnisheed by Maintenance Enforcement and other things for non-payment. It is calculated on the difference between the two incomes if there is joint custody. In the case of sole custody, the maintenance is paid by the non-custodial parent. What I don't understand is why people whine about paying child maintenance. If you say you love your kids, put your money where your mouth is. You cannot waive your child's right to maintenance nowadays. I did waive it when my children were minors, as back then you could. The reason I did it was because I didn't want someone holding money over my head every month. My approach was "just let the process server serve the papers on you and stick your money where the sun don't shine". | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 4:24:28 PM | OP,
Where I live there is a maximum percentage of income for child support. I dont know about laws elsewhere. And, cowboy, some women (like me, for example) have to pay ridiculous amounts of child support, too! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 4:52:24 PM | http://www.justice.gc.ca/en/ps/sup/grl/glp.html
A Pre-Nup will not trump the laws and table amounts stated above. If she decides that he's pissed her off and she wants to get even, all she has to do is go to court and they are bound to award table amounts.
That's assuming she gets primary caregiver status. If he gets custody, and she doesn't make a whole pile of money, it works the same way. She won't pay nearly as much neither. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 5:11:58 PM | If the dad is living in a mansion why the hell should his kid live in a shack. I don't think the prenup will cover child support and in most states, child support is based on a percentage of a man's income.
If you know of someone that paid $6250 he was damned sure making substantially more than that. I don't think I would be interested in marrying someone that didn't want to provide for his child when $5000 a month or whatever a court would order would be a fraction of his annual income. If you want to look at it that way, why does your friend require $25,000 a month to live, because that is what his salary is.
How much would your friend be shelling out if the child lived with him? His child's life suddenly changes dramatically because the parents couldn't get along? That is why child support is figured the way that it is to try to balance things so that the child is not living like a pauper while either parent is high on the hog. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 5:19:06 PM | "seems that if he's trying to negotiate maximum child support before they're even married, that things aren't just quite going to work out anyway.."
I think they should get married, but have children NO WAY. I would give my child anything I had, and so would my ex.
"Being a billionaire doesnt mean you spend a million$$$ on your kid(s) annually. "
Yes it does and if your a loving parent you should be happy to do so. I know I would and again so would my ex. Where do these greedy folks come from??? | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 5:19:26 PM | OP...if he is afraid of HER getting the money (we will assume each party will want the best for the children)...he can do a trust fund that he pays into to make up the difference between the $1250 and the table payment for each child. He can make a stipulation in the pre-nup that he will continue to pay into the fund ONLY if she does not pursue official child support amounts.
Generally, the children can access the money early if needed for education and otherwise they receive full access at a certain age. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 5:22:54 PM | the support guidelines are mandated by law for sufficient provision based on what the child is accustmed to and only rightly so.i don't believe the amount should be capped no matter what the income of the payor is..that's just not fair to the children.
there are exceptions to the amount depending on circumstances surrounding the issues at hand.
i can't believe a set amount can be placed on a child's needs with a prenup....what if this child becomes handicapped because of an accident or condition and requires more expensive care as a result?god forbid it should happen, but there could be many unforseen factors that should be taken into consideration.
each case of course should be considered on an individual basis but a prenup for child support? i hope the government would override each one of them. | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 10:06:45 PM |
If you know of someone that paid $6250 he was damned sure making substantially more than that. I don't think I would be interested in marrying someone that didn't want to provide for his child when $5000 a month or whatever a court would order would be a fraction of his annual income.
I still cant get my head around women who think a child's needs is based on the income of the father. What selfish crap is that? What percentage of the population spends $5000/month on a child? Does this means these children who dont need $5000/month are worse off? and how many women here will actually spend the whole amount on the child if awarded.
If you want to look at it that way, why does your friend require $25,000 a month to live, because that is what his salary is.
There is something called "retirement" etc hence that salary. If he is to spend all the $$$ monthly, then there wont be anything left.
Anyway who said $1250/child/month is the life of a pauper? Lets get real here and stop being SELFISH!! | |
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| Prenuptial Agreements and Maximum Child Support payment!
Posted: 12/30/2007 10:14:44 PM | WHAT?????
They are setting themselves up to fail, that is ridiculous. I can't believe anyone would put in legal writing the number of kids they will have and child support for divorce. Who wants to get married to someone who is thinking like that? Pre-nup to protect money from money grubbers yes, but going that far is ridiculous. That's why they have divorce courts. | |
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