K1 Visa + Pre nuptial agreement??

[RicaRico 2]

I'm a US citizen, I have a son from a prior marrige. My fiance just moved to US Territory with a K1 Visa. We are about to get married. The question is: Can I have prenuptial agreement with my fiance, in order to save my son's child support? His father makes 80% more money than me and he told me that he will ask to lower his child support payment if I get married again. Everything he gives my child goes to him. I dont touch that for myself or my fiance. With that money, my son goes to private school, take music lessons, we pay his lunchs, musical camps, school tuition and medical bills. I don't think is fair. In other hand I don't want to jeopardize my fiance's status in the US. I barely make enough of the federal minimun to support him.

Do you guys know anything about this??

Edited January 24, 2014 by RicaRico

[mngoalie 10]

I don't see how you could do anything in a prenup to not have the father want to change the child support payment. I'm not a lawyer, but getting married to someone who could provide support for the child seems to be a good reason for the father to get his payment re-evaluated.

Prenups usually cover what happens in case of divorce.. I don't think you can use them to dictate anything during the marriage.

[belinda63 3,038]

Child support is based upon your income not the family's.

[RicaRico 2]

In Puerto Rico a prenup works also in this way: I get married with prenup, my father's sons can't take in consideration my new husbands salary to make a change in child support, the court just get in consideration my salary because my new husband and I have separate our assets.

This is important when you have a parent who doesnt want to pay child support.

[aaron2020 11,651]

Usually, a new spouse's income is not considered in child support.

However, the new spouse income may be considered under certain circumstances if the court determines it's in the child's best interest.

A prenup may not protect your new spouse.

Family law is state specific, so you need to consult advice from people with knowledge about your state.

[RicaRico 2]

Child support is based upon your income not the family's.

Not in Puerto Rico, it's based on the family salary if you don't get married with a prenup. Because marriage is a asset partnership.

[KayDeeCee 4,893]

Those are strange laws. The step parents are not responsible for the child support. The child support payments should not be lowered because you marry. The biological parent would still be responsible and cannot pass that off onto someone else just because they married you. However, see a lawyer where you live and get things done to protect your child in the way it works there. Not really sure what this has to do with the K-1 though.