PreNup to protect against baby's crazy mama?

[natum08]

I'm looking for some advice here...
My fiancee and I are getting married this year and it's been a concern of ours that his ex girlfriend will come after me for child support once we're married. He's already paying $650 for ONE kid, not to mention she has 3 other kids with different dads on which is collecting support. He's thinking she may want to include my income to raise the child support. He has joint custody of his daughter, gets her every other weekend, every other holiday, and half of all of her school vacation. We eventually want to pursue full custody of his daughter when we're married, but in the mean time, would getting a Pre Nup in Michigan help prevent her from being able to get to my income as well? I hate the idea of getting a pre nup but his ex is a gold digger and I can't imagine paying more than what we already are for child support.

Help please!!!

Thank you!
-natum08

 

[Duranie]

In almost all states spousal income is not used for spousal support. A Pre-nup probably won't do you any good but you need to google the child support guidelines for MI and se what they say. Your fiancee needs to keep her at bay. He is certainly free to apply for custody but he pretty much needs to prove that it is in the childs best interest to switch custody and needs a pretty solid case.

 

[natum08]

We know that we have to prove that giving us physical custody of his daughter is in her best interest, and we believe we do have a pretty good case. His daughter leaks all kinds of weird information to us about her mom taking her and her other 3 kids to parties "where this man and his wife like to play with my mom in their bedroom", and my Fiancee's ex has told him about her swinger parties she goes to herself.

She lives in this trashy 3 bedroom trailor in which all of her children are sharing one bedroom. My fiancee was allowed to stay the weekend there to see what his daughters living arrangements were like and he witnessed his child getting the other kids up and ready for school, making them breakfast, getting them ready for the bus, etc...while their mother slept. She was 7 during the time of the stay.

The mom has live in boyfriends all the time, and not for any real length of time. The hardest thing to hear is my fiancee's daughter telling us about the arguments she hears all the time. She remembered a huge blow out fight that her mom had when she was four...she is now 9 years old.

Whenever we get his daughter on the weekends she's always sent to us in trashy dirty clothes that don't fit, she's unshowered, and not dressed properly for the elements (i.e. for winter she had a coat too small for her so it wouldn't zip, no gloves, no hat, etc...).

We don't want to cut his ex out of the child's life, it just seems like she would be so much better off with us. We are waiting until we are married, have a house where she would have her own room, etc...we want to prove we would provide more stability. She has lots of family up here, grandparents, cousins her age, uncles and aunts, etc...and she's really loves and taken care of when she's here.

We don't have a problem paying child support, that's not the issue. The concern is that his ex will be able to have his case re-evaluated after we're married to try and include my income to calculated the child support. We want to make sure that doesn't happen. That's why I was wondering if a Pre Nup would accomplish this or if there was any other way to keep her from going after my income as well. We just can't afford a higher payment and I need help figuring out how to keep it from going up, especially since my fiancee is no longer employed at the bank roll job he had before. Your suggestions will be much appreciated.

Thank you!

 

[seniorjudge]

That's why I was wondering if a Pre Nup would accomplish this or if there was any other way to keep her from going after my income as well.

And are you going to have crazy momma sign it?

Otherwise, it won't affect her.

 

[natum08]

Well I would have to right?
She would have to agree to what's on the pre nup stating she can't go after my stuff for it to work, correct? Man...we'd have to word it pretty and catch her on a good day.

So does that mean she CAN go after my part of the income otherwise?

 

[Duranie]

No a prenup will not let you escape the states child support guidelines if the state guidelines allow your income to be calculated. You need to google them.

Sounds like Dad needs to file for custody if he can prove he can provide better for the child.

 

[Scooterdog]

natum: There are free legal dictionary's online, you may want to look up your "prenup" to have a better understanding of what one is, and who it's going to help.