A common question from clients who are planning on being wed regards whether child support and maintenance obligations can be included in a prenuptial agreement. These clients are hardly anticipating getting divorced; they are merely aware of the possibility that it could one day occur. Maintenance and child support are complicated solely because the court looks at the parties’ financial circumstances and their income at the time they get divorced.
While a prenuptial agreement may be able to include terms regarding child support and maintenance, and that will be evidence of the parties’ intentions in the event that they do get divorced, it is only at the time of divorce when the court will review the parties’ income and financial circumstances to determine the child support and the maintenance. As the court deliberates, it will review the agreement in that respect.
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