Full question:
If I sign a premarital agreement, will my right to child support be affected, in case we have kids after our marriage? Also, can I have a clause in my premarital agreement which speaks on modification of maintenance in certain circumstances. Please tell me Indiana law in this regard.
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: Indiana
Answer:
No, a premarital agreement will not affect your rights to child support in Indiana. Child support rights are protected and cannot be altered by such agreements.
Yes, you can include a clause in your premarital agreement that addresses the modification or elimination of spousal maintenance under certain circumstances. According to Indiana law (Burns Ind. Code Ann. § 31-11-3-5), premarital agreements can cover various matters, including:
- The rights and obligations regarding property
- The disposition of property upon separation, divorce, or other events
- Modification of spousal maintenance
However, any agreement cannot adversely affect a child's right 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.