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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am currently in FL in a marriage at gh risk of being

Customer Question

I am currently in FL in a marriage at high risk of being dissolved. When my husband and I married there was a prenup protecting his premarital residence and my retirement plan as well as a clause restricting alimony by either party. I was the bread winner for 5 years and in preparation for a potential lay off my husband was to find a job or start his own business, since then it has been 2 years and he has not done so. I got laid off a year ago and have been covering our expenses with my severance and back bonuses. Because my tax return included back executive bonuses, my current salary and a retirement package on top of that my 2015 tax return is inflated. We are about to run out of money and I may need to use my retirement account to cover our expenses as my husband will not sell his property and I am still out of a job. We are possibly in a divorce situation. I understand his child support responsibility will be low however we have expenses for my daughter who has special needs (ADHD and Dyslexia). She sees a specialist 3 times a week which is an out of pocket cost as well as attends a private school that allows the specialist to tutor her on premise which would not be allowed at a public school. To support my family the job I am seeking will require hours that will not allow me to take her and pick her up from school so should we divorce we would have a split custody arrangement and he would have to be responsible for the transporting my daughter to and from school or I would need funds to hire a nanny. What rights do I have for her to continue her education and therapy as is and have my husband share in the cost, as well as either provide support for a caregiver to transport my daughter or require him do it? Is there a way to contest the prenup for the purposes of having him cover half her costs above and beyond the small child support payment. I would also want joint therapy sessions to have a positive co-parenting arrangement
Submitted: 3 months ago.
Category: Legal
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and the complexity of your situation---with a disabled child and a prenuptial agreement---- suggest that an in-depth conversation might best suit your needs, and my ability to assist you. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You are about to use your retirement account---which per the pre-nup is your personal property?

2. How may children do you have?

3. Is your husband capable of working if he chooses to? What kind of income is he qualified to earn?

4. What specifically about the pre-nup are you wanting to contest?

5. What is the alimony restriction set out in the pre-nup

Thanks in advance,


Expert:  LawTalk replied 3 months ago.


I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.