Can You Avoid Child Support with a Good Prenup?

A child support lawyer at Singer Pistiner, P.C.  can provide assistance in addressing legal issues related to child support. Child support is typically owed under many circumstances where parents aren’t raising a child together. Support is determined based on a standard formula that factors in the number of children, the needs of the children, the incomes of the parents, and the amount of time each parent spends with the kids.

Singer Pistiner, P.C. helps parents to take action in order to obtain support when they are raising children and believe the child’s other parent should be contributing to the costs. We can also provide assistance to clients being asked to pay support and in circumstances where the amount of support due is being negotiated or modified. You should give us a call to talk with a child support lawyer at our firm to find out how Arizona law treats child support claims.

Can Child Support Be Avoided with a Prenuptial Agreement?

In some cases, child support payments can become expensive and can feel like a financial burden.  There are circumstances where people who are getting married are concerned they could one day end up being responsible for child support costs and who may want to try to protect themselves from these costs. For example, a man or a woman who is entering into a marriage may already owe child support for kids from a previous relationship and may want to try to limit the amount of support that he or she could end up paying if a new marriage goes badly and the couple divorces after having kids.

An individual who wants to limit the amount of child support that could be due in the future, or who wants to avoid paying support, may attempt to include a clause in a prenuptial agreement specifying that no support will be paid or specifying that support cannot exceed a certain dollar amount.

However, it is important to realize that such a clause in a premarital agreement will not be enforceable. Furthermore, a clause limiting child support also will not be enforceable in a postmarital agreement either.  Contractual agreements in which child support is waived or reduced are considered to be unenforceable because they are against public policy and because the right to support belongs to the child.

Every child deserves to be supported by both parents and, as a matter of public policy, the court will not allow parents to avoid their child support obligations even if the parents have both agreed that one of the two won’t have to pay.  In fact, there is no way to avoid paying the child support that is owed if you have a child.

Getting Help from a Child Support Lawyer

If you are ending a relationship and there are children involved, it is important that you understand how the law applies in order to determine the amount of support that is due. Singer Pistiner, P.C.  can provide insight into how child support laws work, including insight into what happens if there is a premarital or postmarital agreement that attempts to waive the support that is due to a child.

Singer Pistiner, P.C. can provide assistance to parents who are seeking support and can help them to take the necessary steps to get a support order, even if an agreement said that support would be waived. Our compassionate and knowledgeable legal team can also provide help to those who are being asked to pay support. We offer advice on the amount of support that will be due based on standard child support formulas and we also offer assistance in circumstances where support needs to be modified because of the needs of the child or because of the needs of the parent.

To find out more about how child support works in Arizona or to get help with all of your legal issues related to child support, give us a call at (480) 418-7011 or contact us online today. You can also download our free divorce guide to learn more about Arizona’s child support rules


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