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Community Property • Altering Character of Assets by Agreement
CPROP#037
Legal Definition
No. While the parties can agree to almost anything, they cannot agree to limit either party's contribution to child support.
Plain English Explanation
The purpose of child support is to ensure children are properly cared for after a divorce. Limiting child support in a prenuptial agreement defeats this purpose and goes against public policy of promoting child welfare. While couples can agree to most things in a prenup, child support is unique since it impacts innocent third parties. So the law prohibits any attempts to contract out of appropriate child support, regardless of what bitter ex-spouses may want.
Hypothetical
Hypo 1: Bob and Amy are about to get married. They decide to sign a prenuptial agreement. In this agreement, Bob, who earns significantly more, suggests including a clause that limits his child support payments to a very low amount in case they divorce. Amy agrees to this. Result: Despite their agreement, this clause limiting child support is not legally valid. The law requires that child support must be sufficient to meet the child's needs, regardless of what the parents agree upon in a prenuptial agreement.
Related Concepts
Are California spouses bound by community property rules against their will?
What are the defenses to enforcement of a prenuptial agreement?
What are the requirements for a prenuptial agreement to be deemed signed voluntarily?
What are the requirements for a proper prenuptial agreement, and what are the exceptions?
What are the two main types of unconscionability claims and who decides on them?
What happens to terms within a prenuptial agreement that are deemed to promote divorce?
