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What Should You do if the Premarital Agreement is Unenforceable or Invalid Prior to Dissolution of Marriage?
Parties could enter into what they believe to be a valid prenuptial agreement.
Over the course of the marriage, one or both parties may learn that the prenuptial agreement may be invalid or not enforceable for any number of reasons.
If a party does not act timely, including in regard to attempting to void or set aside said prenuptial agreement, it is possible that a party may waive their rights to later challenge said prenuptial agreement as a result of any applicable statute of limitations, laches, or otherwise.
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official Illinois guidelines are not appropriate, the court considers the financial resources and needs of the child, the standard of living the child would have enjoyed if the marriage had endured, the physical, emotional, and educational needs of the child, and the financial resources, needs, and obligations of both the non-custodial and the custodial parent. Support payments may be ordered paid directly to the court.
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