Legal Question in Family Law in Texas

is prenupt our only option for fast protection

what can i do to protect my income from my fiance's ex from causing a raise in child support payments after we are married if we currently live in different state?

Asked on 10/05/07, 8:47 pm

2 Answers from Attorneys

Johm Smith tom's

Re: is prenupt our only option for fast protection

Ms. Brochstein is of course correct, I'm admitted in TX and LA so you can contact me also.

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Answered on 10/06/07, 7:23 pm

Fran Brochstein Attorney & Mediator

Re: is prenupt our only option for fast protection

If you live in Texas, normally the new spouse's income is not counted.

However, tax returns and bank accounts that she is listed on are able to be requested and the court will order you to send him copies of any financial records that she is a party to.

Therefore, if you don't want her ex to ever see your bank accounts and tax returns, you need to NEVER have a joint tax return or bank account.

If she quits working, say to have a new baby. She is still required to pay child support. If she has no income, and you have to pay it, it's part of the responsibility you assume by marrying her.

The children already born take a preference over new babies.


Because both of you knew they existed before you married and you decided that you could afford to have more children.

I strongly urge you to hire an attorney in Texas in the county that her divorce occurred in and talk to someone face to face! It's certainly worth $150 - $250 to protect yourself before you marry.

A pre-nup, won't protect you from disclosing joint bank accounts or tax returns.

Of course, a pre-nup does NOT work unless you keep everything separate!

If you buy a house and her name is on the deed (very common in Texas) then he can ask to determine the value, down payment, monthly payments, etc.


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Answered on 10/05/07, 11:53 pm

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