A prenuptial agreement can alter child support. Here’s if and how prenups regulate child support in California.
Every child has the right to receive financial support from their parents. A prenuptial agreement must protect this right. Therefore, in California, a prenuptial agreement cannot regulate child support. Instead, parents must follow the child support case process through their local child support agency.
If spouses have children together and get divorced, they need to determine how they will still financially support their children.
What is a Prenuptial Agreement?
Prenuptial agreements, often referred to as “prenups,” are contracts between spouses outlining property rights in the event of divorce. A prenuptial agreement can determine how the spouses would split their property, sell their assets, or support each other, among other terms. However, in California, a prenuptial agreement cannot regulate child support.
What is Child Support?
Every legal parent is legally responsible to support his or her child financially. Child support is a specific amount of money a parent or both parents must pay to support a child. After parents separate, a court will determine the amount the parent(s) must pay.
The Child Support Case Process
Parents cannot include child support in their prenuptial agreement: there is a legal process for determining child support in California. In order to file, receive, or end child support in California:
- A parent or legal guardian must file for child support with their local child support agency.
- Both parents of the child need to be located.
- The parent asked to provide support will be legally notified of their involvement in the child support case.
- A parent may request proof that they are legally considered the child’s parent.
- To avoid court, both parents can agree to a child support amount in a “stipulated agreement.”
- If a stipulated agreement is not made, the case will go to court and the judge will decide on the amount.
- The parent(s) will begin to provide the child support on a specified schedule.
- The child support terms will be legally enforced, and a parent who refuses or misses payments can be held in contempt of court.
- The child support agreement can be modified if there is a change in circumstances for either parent.
- A child support case can eventually be closed.
Related: How to Get Child Support in California
FAQ’s About Regulating Child Support With a Prenuptial Agreement in California
Who can open a child support case in California?
Any parent or legal guardian of a child can file for child support. A parent or legal guardian can open a child support case even if a child support order already exists. If a child receives public assistance, a child support case opens automatically.
Related: How to File for Child Support in California
How can a parent or legal guardian file a child support case?
California has 47 child support agencies at the county and regional levels. The parent or legal guardian should file for support in the county or region where they live.
Child support was already specified in a prenuptial agreement, how can it be enforced?
In California, child support terms already specified in a prenuptial agreement are void and cannot be enforced in court.
Related: How to Enforce Child Support in California
Can a prenuptial agreement regulate child custody in California?
Just as prenuptial agreements cannot regulate child support, prenups cannot regulate child custody. California courts will always determine custody according to the best interests of the child.
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