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Step-Father Signed both Prenup and Postnup Agreements to Support Step-Child

Asked Jun 28, 2009, 12:36 AM — 6 Answers
My husband signed both a prenuptial and a post-nuptial agreement to educate, maintain and support my children, his step-children. My husband sued me and my children (his step-children) over the agreements several years back but changed his mind and signed a release of all claims, an agreed dismissal with prejudice and more leaving the agreements in place. Now, my husband wants a divorce and he does not want to provide any type of agreed child support. He has paid some temporary spousal support but the Judge has not ordered him to pay any agreed child support. I understand it would be against "public policy." What is public policy? And can a Judge throw out agreements and void them from their inception even if the agreements were challenged in court before and had be released and dismissed with prejudice?

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ScottGem's Avatar
ScottGem Posts: 58,000, Reputation: 28105
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#2

Jun 28, 2009, 04:26 AM


If an agreement is illegal a judge can certainly void it.

Where is the children's father in all this?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#3

Jun 28, 2009, 04:47 AM


The child's bio father is the one who should be and should have been paying all the child support unless the new ( now ex) husband adopted the kids.

Your agreement went against standing case law and current family court law ( most likely) in your state or location.

The legal ways to make him responsible were not done.

So you need to go after bio father for support, ex husband for alimony
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ScottGem's Avatar
ScottGem Posts: 58,000, Reputation: 28105
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#4

Jun 28, 2009, 05:09 AM


Quote:
Originally Posted by Fr_Chuck View Post
So you need to go after bio father for support, ex husband for alimony
While I don't disagree, I think you assume too much. Maybe she's a widow or the father is nowhere to be found.

Without knowing how the agreement was worded its hard to make a definitive statement, but I would not be surprised if it was not legal.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#5

Jun 28, 2009, 05:29 AM
Did she not mention that a few years earlier the bio father filed an objection to these papers , so he has to be in the picture, at least at time of marriage.

And perhaps after my last personal round with alimony it appears almsot anyone can get some
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ScottGem's Avatar
ScottGem Posts: 58,000, Reputation: 28105
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#6

Jun 28, 2009, 05:55 AM
Quote:
Originally Posted by Fr_Chuck View Post
Did she not mention that a few years earlier the bio father filed an objection to these papers , so he has to be in the picture, at least at time of marriage.
I don't see that. The only reference is to her current husband.
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cdad's Avatar
cdad Posts: 10,949, Reputation: 6540
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#7

Jun 28, 2009, 06:48 AM
The other problem that exists in this situation is the as a " step father " they may be entitled to damages againt a non paying bio father. In doing otherwise he would be giving up his civil right to pursuit. The only time this might change is if this case were to be in Canada or another nation that recognizes the responsibilities of a step parent.
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