Can my divorce lawyer force my ex-husband to provide her a copy of his prenuptial agreement with his present ?
Sunday, November 1st, 2009 at
4:50 pm
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IAAW asked:
wife? He is trying to prove to court that he should not give any Support money, because he owes too much money to his credit cards and owns nothing and is really poor. Of course, as usual, he is lying. I know that he has a prenuptial agreement with his new wife and in the agreement, they have disclosed all their assets. Could my lawyer force him to give her a copy of his prenup?
More than likely not. However, he will still have to pay you something no matter what he claims his debts are. The courts don’t give a damn if a man has to work 5 jobs….he will pay.
No. His agreement with her has nothin to do with you. The courts will know what his assets are. They use a formula that is based solely on his income It doesn’t matter what credit card bills his has.
If you’re divorced you’ve had your day in court and need to move on.
Your attorney can’t force your ex-husband to do anything. Only the court can make orders and it would be unlikely that a court would or could require an order to produce a private contract that he has with another individual.
Normally child support is calculated based on formulas created by both federal and state guidlines. Most of the items considred for a general child support calculation are all around the income that is produced. None of this has to do with current assets.
If you’re looking to through aside the general support calculation, y ou can ask the court to deviate from the typcial child support calculations, which can be a very lengthly process and not typically how child support is calculated. When a deviation is considered, generally, you’re asking the court to “look at the big financial picture” of both parties outside the norms of the calculations because there is a belief that major items that should be considered exist.
In those type of cases, where a deviation from the standard is being evalution, a request can come from the court for a statement of assets, among many other things. Assets are generally allocated at the point of divorce and its not often that they would later be considred, but again it is possible, if the court believes that there is significance in understanding these assets. If they did request information regarding your ex-husband’s asset, it would be unlikely that it would be done so through a request for the prenuptial agreement, but it could be. Its also not typical that credit card debt is taken into consideration during the calculation of support, but again it could be when a deviation is being considred, espeically if the credit card bills were expenses for your children or towards business expenses. However, when your asking for a deviation, many financial items on both sides can be requested if the court feels that it should be analyzed in it’s attempt to understand the complete financial picture.
In any case, he would have a very difficult case proving that NO support should be paid, as the non-custodial parent almost nearly always has the duty for support, despite their claim of poor economic status.