Can You Include Child Support in a Premarital Agreement?

Couples use premarital agreements to provide predictability in the event of divorce. Men and women can waive any future right to alimony, as well as decide what property or assets will be considered marital and subject to division upon divorce.

However, Florida law is very clear that you cannot impair a child’s right to child support in a premarital agreement. The law disallows any provision in a premarital agreement that restricts a judge’s right to issue child support, so you can expect a provision like that to be void. We encourage those hoping to use a premarital agreement to contact an experienced Miami family lawyer to go over what you can include.

What Child Support Provisions You Can Include

Florida Statute § 61.079 does not say that you cannot include child support provisions in a premarital agreement. However, subsection (B) does say that a child’s right to support cannot be “adversely affected” by an agreement. Instead, judges will consider the state’s guidelines, including each parent’s income, when setting child support.

The reasoning behind the law is that parents cannot bargain away child support  since it belongs to the child. A child has a right to participate fully in both parents’ incomes. One parent cannot give up that right on behalf of a minor in a premarital agreement.

Nonetheless, there are some valid provisions you might include in a premarital agreement, including:

• An agreement to pay college expenses. Child support in Florida ends at 18, but a parent can agree to support their children past that point. You might agree to pay for some or all of a child’s college education. Or you might agree to split expenses with the other parent or only pay for some expenses, like an apartment. This type of agreement is enforceable.
• An agreement to support your child past 18. Even if your child does not go to college, you might agree to continue to support them past the age of majority. For example, you might agree to make monthly payments or to help subsidize a car purchase or start-up expenses for a small business. You can usually include this type of provision in a premarital agreement.

There might be other agreements regarding children that you include in a premarital or postmarital agreement. Go over your objectives with an experienced family law firm. Sometimes continued support of a child is a bargaining chip in a divorce. You should understand how a judge would analyze any provision if a premarital agreement is scrutinized in court.

Schedule a Private Consultation for Individualized Advice

Divorce negotiations are tense and usually highly complex. Many of our clients want to ensure their children are taken care of when they split up with the other parent. Hamilton O’Neill has tackled child support issues in many divorces for high net-worth clients. Although the state has guidelines in effect, affluent clients sometimes are surprised by the child support order entered in their case. Schedule a consultation today to speak with a Miami family law attorney. You can submit your information online or call us at 305-371-3788 to set up a time that works for you.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html