Legal Question in Family Law in Arizona

1. As you know, a divorce or legal separation would separate your assets legally, but it sounds like neither of those is an option for you.

2. A post-nuptial agreement (like a pre-nup, but done during the marriage instead of before) is a contract between the parties about their finances, but it is NOT binding on third-party creditors. In other words, even though the two of you might agree that a certain debt is "his" or "yours," to the creditor, it is still a joint debt.

3. It sounds like you are concerned that your joint assets/income might be vulnerable as a result of his fathering another child. In Arizona, his income is considered for child support purposes, but your income is not. Further, child support is based on the biological parents' incomes, NOT their assets. There are other factors included in child support (e.g. cost of insurance, whether either party has other children in their custody, cost of daycare, parenting time schedule, etc.), and then there is a statutory formula for determining what the obligation would be.

We offer a free initial consultation. If your concern is about your husband's child support obligation, please contact our office to schedule a time for him to speak with one of our attorneys and learn more about his rights and obligations (you are welcome to join him). However, if your concern is regarding protecting yourself in the event that you and he separate, we can also meet with you (without him) to discuss your rights.

You can enter into a post-marital agreement which could separate your assets and debts as to the two of you. However, such would not protect you from joint creditors. That protection can only be obtained from a legal separation or divorce.

We can draft the post-marital agreement for a flat fee of $800.00

I can explain the issues and procedures better in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com