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Should You Holla 'We Want Prenup?'

By Cynthia Hsu, Esq. on November 15, 2011 5:45 AM

Now, I ain't saying she's a gold digger. But look, your newest girl is sporting the most expensive Louis Vuitton bag, a $500 haircut, and designer jeans that cost more than your weekly salary.

Sure, you think she loves you for your winning personality. Then again, maybe her eyes aren't on your heart but on your checking account.

Are even thinking about saying "We Want Prenup?" "Yeah!?!"

Then our man Kanye West has some words of wisdom for you.

The lesson is not-so-hidden in his 2005 hit Gold Digger, featuring Jamie Foxx. He gets into it in the second verse:

"18 years, 18 years

She got one of your kids, got you for 18 years"

Well, he's not exactly correct here. Depending on what state you live in, you might end up on the hook for child support for more than just 18 years. Some states have termination of child support set at age 19, or higher. And it all depends on your specific case.

"I know somebody paying child support for one of his kids

His baby momma's car and crib is bigger than his...

She was supposed to buy your shorty Tyco with your money

She went to the doctor got lipo with your money"

Okay, this has some grain of truth. It can be hard to ensure the money you spend on child support is actually being spent correctly. States like California do not require child support recipients to give an accounting of how funds are used. Other states do, however. In those states, it might be difficult to explain to a judge how that chin lift is for a child's welfare.

"Cause when she leave your ass she gonna leave with half"

If you live in a community property state, then yes, it will be half. In community property states like California, marital property is divided equally upon divorce. Other states follow principles of equitable distribution, meaning assets will be divided as a judge sees as fair. This might mean you end up with less than half - or more than half.

So should you holla for a prenup before you get hitched? Maybe. Though, typically getting a prenup won't help you when it comes to hammering out child support payment plans. Most states prohibit child support agreements in prenups. Sorry, Kanye.

Hungry for some more hip hop legal lessons? As you know, Jay Z has 99 Problems but the 4th Amendment Aint One. Stay tuned for some more rap-inspired legal lessons. Next up is Chamillionaire, who has some things to say about "Ridin' Dirty." And since FindLaw is founded on democratic ideals, we'd like to hear from you. If you'd like to see us break down another legal-minded song, hit us up on our FindLaw For Consumers Facebook page.

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