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Need a prenup: living in Canada but marrying in Hawaii

aptinyyz
New User

Post #1 of 2 (3163 views)

Need a prenup: living in Canada but marrying in Hawaii

My fiancee and I live in Toronto and he is paying child support to his ex-wife. We're getting married in the State of Hawaii.

When we get married, combined, we will have a lot of assets mainly due to what I am bringing into the union. Can the ex-wife take us to court and sue for more child support and win if we have a pre-nup to protect my assets?

Legal
GettingRemarried.com Legal Advisor

Post #2 of 2 (3150 views)

Re: [aptinyyz] Need a prenup: living in Canada but marrying in Hawaii [In reply to]

Your current wife has no support obligation to your children. The general rule is that a new spouse's income is not figured into a support calculation unless it decreases living expenses. Most likely your ex cannot sue to gain more child support however you should have a consultation with a local attorney since state and country laws vary. Please be sure to address this issue in your prenup too.
M. Giordano
Legal Advisor