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SUCKISSTAPLES
- Charter Member
posted: Jul. 7, 2007 @ 10:41p
Indeed, theres no such thing as an iron clad prenup. And the more one-sided it is, the less likely it will be enforceable. The "state of marriage" today is very different from how marriages were viewed for thousands of years (a financial union of two families)... 99% of people going into get married in the US today do so for "love", not financial reasons. Now, theres nothing at all wrong with that...Hollywood popularized this movement. But the problem is that the GOVERNMENT still imposes a set of financial obligations when becoming married, many of which couples are COMPLETELY UNAWARE OF! As far as I know, not one state provides any pamphlet/handbook/etc detailing the financial obligations one assumes when signing up to get married. Where else would you sign/agree to a financial contract without being provided its terms? Would you signup for a credit card that took half your assets if you defaulted/paid late? Well thats essentially how a marriage is treated in the event of "default". Im not saying that every couple going to get married must pay $25 for a paperback copy of the Family Code and be quizzed/tested on it prior to getting married, But I have a huge problem with the automatic imposition of financial obligations on partues who were partly or completely unaware that doing an act they thought was based on "love" is really a financial contract/obligation they had not considered. |
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ArbolLoco
- Tired Member
posted: Jul. 7, 2007 @ 10:49p
isn't community property a lovely thing? |
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slimcustomer
- Senior Member - 1K
posted: Jul. 7, 2007 @ 10:56p
SUCKISSTAPLES said:But the problem is that the GOVERNMENT still imposes a set of financial obligations when becoming married, many of which couples are COMPLETELY UNAWARE OF! As far as I know, not one state provides any pamphlet/handbook/etc detailing the financial obligations one assumes when signing up to get married. Where else would you sign/agree to a financial contract without being provided its terms? Would you signup for a credit card that took half your assets if you defaulted/paid late? Well thats essentially how a marriage is treated in the event of "default". The credit card analogy also works in other ways when you consider that the laws that applied at the time you were married are subject to change at any time just like the terms of your credit card. |
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SUCKISSTAPLES
- Charter Member
posted: Jul. 8, 2007 @ 4:55a
and the terms can change yet again if you move from state to state...there are many executives that simply will NOT RELOCATE to certain states, because of the different state laws regarding dissolution. |
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VirginiaBob
- Thrifty Member
posted: Jul. 8, 2007 @ 5:04a
Another thing about child support is that it should be reduced if the ex-wife marries a guy who has money already. The goal should be that the children's needs are taken care of, not that the ex-husband has to keep paying and living in the poorhouse just out of "principle". What's even worse is when the ex-wife decides to quit her job and stay home because she doesn't need to work anymore due to the new rich husband, the ex-husband is forced to pay even more than before. |
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RS4Rings
- Senior Member - 7K
posted: Jul. 8, 2007 @ 5:17a
codename47 said: Why do children automatically belong with the mothers?
Why bother paying some outrageous amount for kids you can't see or raise? .
Cause i don't want them, But I would stay very involved with them
codename47 said: Prenups are kinda tricky. They are hardly as iron clad as you may think, and many have been set aside. I am not worried about mine, A Prenup is like buying toilet paper, You don't skimp and should buy the best. I used a very good lawyer, She was the head of the MA bar association. My Prenup is way in my favor but she had her own lawyer review it and sign off on it. He even made her sign a statement that his job was only to make sure it was all legal and not to get her the best deal. They don't have to be fair, Just done correct. I read a Story awhile ago about some multi-millionaire who's prenup gave his wife a very small amount. The local courts threw it out because of that. Then on appeal to higher courts it was put back in. There exact words were they agreed it was not fair but no one put a gun to her head and forced her to sign it. Also knowing who you marry is very important, My first wife did try to screw me over but luckily I was young and had very little in my name so she got almost nothing. I think I know my new wife very well, We were engaged and living together for about 8 years before we got married. She has a child from a previous marriage and was awarded a nice settlement, He did not want to pay or have anything to do with her kid, so she said fine and against her lawyers advise she did not pursue it and has never got a penny from him |
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vaylon
- Senior Member - 1K
posted: Jul. 8, 2007 @ 9:54p
Anytime the government gets involved in something, it screws up. Over the years I have lost 3 Tax refunds because of the deadbeat dad laws. AND THEY WERE NOT MY KIDS. I didn't even know the woman, I had never even been to that part of the country. But try telling any of that to a judicial desk jockey who automatically assumes you are guilty. And they make it so expensive to try and fight, that you just give up. I have never gotten the money back, but I did make sure I never had money coming from the gov again. I agree with the sentiment on men. A man now-a-days should have their head examined before they get married, unless you have been dating for 10 years. Then it's somewhat safer. My family consist of all boys. No girl has ever been born into the family, ever. So we all have a bit of a one sided view. None of my sons want to get married. They have all the benefits of a marriage like kids and a partner , but without the legal garbage. |
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smartgal
- Member
posted: Jul. 9, 2007 @ 10:21a
vaylon said:Over the years I have lost 3 Tax refunds because of the deadbeat dad laws. AND THEY WERE NOT MY KIDS. I didn't even know the woman, I had never even been to that part of the country.Your tax refunds were attached by the courts to help pay for child support for kids you did not father and women you've never met? Please do tell us more. |
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bravebiffy
- Senior Member
posted: Jul. 9, 2007 @ 12:26p
vaylon said:Anytime the government gets involved in something, it screws up. Over the years I have lost 3 Tax refunds because of the deadbeat dad laws. AND THEY WERE NOT MY KIDS. I didn't even know the woman, I had never even been to that part of the country. But try telling any of that to a judicial desk jockey who automatically assumes you are guilty. And they make it so expensive to try and fight, that you just give up. I have never gotten the money back, but I did make sure I never had money coming from the gov again. I agree with the sentiment on men. A man now-a-days should have their head examined before they get married, unless you have been dating for 10 years. Then it's somewhat safer. My family consist of all boys. No girl has ever been born into the family, ever. So we all have a bit of a one sided view. None of my sons want to get married. They have all the benefits of a marriage like kids and a partner , but without the legal garbage. I'm no law expert (but there is a few here that are), but you could of filed a motion to get DNA tests on these children you claim that are not yours. Once the results are in and you are indeed not the father, the gov't can't garnish your tax refund for child support. And in some cases, you can even sue the mothers for fraud if there is proof that they intentionally lied about paternity. But that's kinda cold though... |
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codename47
- Senior Member - 3K
posted: Jul. 9, 2007 @ 12:29p
And in some cases, you can even sue the mothers for fraud if there is proof that they intentionally lied about paternity. But that's kinda cold though... and lying or taking someone's money without cause isn't? It doesn't matter. You'll lose 100% of the time even if you tried it. The family courts do not like men. |
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VirginiaBob
- Thrifty Member
posted: Jul. 9, 2007 @ 1:48p
bravebiffy said: I'm no law expert (but there is a few here that are), but you could of filed a motion to get DNA tests on these children you claim that are not yours. Once the results are in and you are indeed not the father, the gov't can't garnish your tax refund for child support. And in some cases, you can even sue the mothers for fraud if there is proof that they intentionally lied about paternity. But that's kinda cold though... My question on this is if the non-father is stuck paying for the DNA test. |
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kaiotes
- Shopaholic Member
posted: Jul. 9, 2007 @ 2:02p
Don't get married and make sure you get a prenup in case you couldn't resist!! |
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SUCKISSTAPLES
- Charter Member
posted: Jul. 9, 2007 @ 2:07p
kaiotes said:Don't get married and make sure you get a prenup in case you couldn't resist!!wouldnt a condom be better than a prenup if you "couldnt resist"?  I know lots of guys who couldnt resist and ended up with a kid, but no one who culdnt resist and ended up with a wife! |
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codename47
- Senior Member - 3K
posted: Jul. 9, 2007 @ 2:08p
My question on this is if the non-father is stuck paying for the DNA test.
Probably. Many courts have made fathers pay for the entire legal expense of his own divorce for his wife in advance. A mere paternity test is almost assuredly deemed a male responsability |
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RS4Rings
- Senior Member - 7K
posted: Jul. 9, 2007 @ 2:14p
I feel my Prenup is good but have a little back up plan. Whenever we are watching the news and there is some story about a guy killing his wife because she is trying to screw him over, I always start talking about how I can see how that could cause you to snap and then talk about how I was tempted to kill my ex, Helps that she knows I was charged with threating to kill her. Just a good idea to put that thought into the back of their minds |
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RS4Rings
- Senior Member - 7K
posted: Jul. 9, 2007 @ 2:16p
codename47 said: A mere paternity test is almost assuredly deemed a male responsability The big problem is a women can put any guys name on the Birth Certificate and then you must prove you're not the father |
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ZenNUTS
- Broke Member
posted: Jul. 9, 2007 @ 2:20p
scott1961 said:codename47 said: A mere paternity test is almost assuredly deemed a male responsability The big problem is a women can put any guys name on the Birth Certificate and then you must prove you're not the fatherI read a story once about this guy who are forced to pay for child support even after the DNA test proved he isn't the father. Talk about a double whammy. Finding out the kid ain't yours + having to pay for him/her till 18. |
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tookmuhjerb
- Member
posted: Jul. 9, 2007 @ 2:22p
RE: disgruntled ex-wife grabbing your assets... What about putting all your assets in a new-mexico llc as was mentioned in one of the older threads here on FWF? Would that offer you any protection against instances such as those mentioned in this topic or are you basically SOL? |
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RS4Rings
- Senior Member - 7K
posted: Jul. 9, 2007 @ 2:23p
lostdude said: I read a story once about this guy who are forced to pay for child support even after the DNA test proved he isn't the father. Talk about a double whammy. Finding out the kid ain't yours + having to pay for him/her till 18. Was the guy married to the mother? Cause that happens a lot |
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QueenieB
- Happy Member
posted: Jul. 9, 2007 @ 2:33p
VirginiaBob said:bravebiffy said: I'm no law expert (but there is a few here that are), but you could of filed a motion to get DNA tests on these children you claim that are not yours. Once the results are in and you are indeed not the father, the gov't can't garnish your tax refund for child support. And in some cases, you can even sue the mothers for fraud if there is proof that they intentionally lied about paternity. But that's kinda cold though...
My question on this is if the non-father is stuck paying for the DNA test. It's my understanding that children who are born during a marriage are a product of that marriage, regardless of actual paternity. This is what I told a relative who recently discovered his wife has cheated with two men (that he knows of) in as many months. Relative still wants to reconcile *sigh*. My question is why are so many otherwise seemingly intelligent FWers having unprotected sex with women they don't trust? If you can create yet another fatherless child, you can also contract any number of particularly unpleasant or potentially life-threatening diseases, or is that news to some of you? |
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