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Prenuptial Agreements

My exhusband and I have a prenuptial agreement. We have been divorced for 14 years with two children 14 and 12. I get a check every month we call alimony. Recently anytime he gets mad about something which is normally something he creates he decides not to pay. One time it went on for three monthes. This is the third time he has decided not to pay. His reason. He had a women working him for him when we first married and she interested in him I found letters. The court said during our divorce she was to be nowhere around the children. After 12 years he has her back in his home "working for him" I gave a copy of our papers to him with the part highlighted saying she was not allowed. I also asked him not to put her around the kids. So this is his reason for not paying. We were considering getting an attorney to enforce the prenup it is enforceable accept it would be so expensive. Is there any other way to make him pay? What if interest is charged for credit card bills. How do I keep him from repeatedly doing this? How would others avoid something like this if they were to enter into a prenup?

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Attorney answers (2)

Reputation Level 7
I don't understand: if you have been divorced for 14 years, why would your prenuptial agreement be relevant now? The provisions of a prenuptial agreement come into play during the divorce, not afterward. Hence, the only way you can "enforce" your prenuptial agreement is if the terms of the prenuptial were incorporated into a final decree of divorce at the time you were divorced. If he has been ordered in your divorce decree to keep certain people away from the children, and/or if he has been ordered to pay alimony to you, and he is failing to abide by the decree, then you need to enforce the decree against him.
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Reputation Level 14
I don't know if you are using the wrong term or are confused about what document controls in this situation but a prenuptual agreement is no longer controlling the terms child support, "alimony" or division of property. After you are divorced and the final judgment of divorce has been signed, yours and your ex-spouses payments, custody, property is controlled by that document. The final divorce decree can be modified as to custody arrangements and child support, but your prenuptual agreement has no validity in this situation. Hire a qualified family lawyer and get what you are looking for, otherwise you are teaching your ex that he can do this without consequences.
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Other answers (2)

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Jana

I couldn't find a way to add to the question I posted above. The prenuptial agreement I am referring to does not include child support, that is seperate and is listed in my divorce decree, I am receiving that. The amount of money I am referring to are payments that we agreed to before we were married in a "prenuptial agreement" (before we were married) we had two fancy lawyers draft up for over $15000 which was video taped as we read through the agreement and signed. It is enforceable by law according to the papers and it is about as thick or thicker than a divorce decree about 30 pages long.
No photo

Jana

I couldn't find a way to add to the question I posted above. The prenuptial agreement I am referring to does not include child support, that is seperate and is listed in my divorce decree, I am receiving that. The amount of money I am referring to are payments that we agreed to before we were married in a "prenuptial agreement" (before we were married) we had two fancy lawyers draft up for over $15000 which was video taped as we read through the agreement and signed. It is enforceable by law according to the papers and it is about as thick or thicker than a divorce decree about 30 pages long.

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