Does a premarital agreement adversely affect right of child support?

Full question:

We got a premarital agreement made before we married. If we have kids in future, does the premarital agreement affect right of child support? What’s the relevant statutory provision here? We live in New Jersey.

  • Category: Marriage
  • Subcategory: Premarital Agreements
  • Date:
  • State: New Jersey

Answer:

No, in New Jersey a premarital agreement doesn’t affect the right of child support. The relevant statutory provision is N.J. Stat. § 37:2-35. It reads:
 
“Premarital or pre-civil union agreement not to adversely affect right of child support

A premarital or pre-civil union agreement shall not adversely affect the right of a child to support.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In New Jersey, a prenuptial agreement can address spousal support, but it cannot completely waive a spouse's right to support if it would result in unfair hardship. The agreement must be fair and reasonable at the time of enforcement. It's important to consult with a legal professional to ensure the prenup complies with state laws. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*