DuckIII wrote:BubbaTee wrote:HomoSapien wrote:Just out of curiosity, would it have been legal to create a contract that didn't obligate him to give child support ever in the even that she decided to keep it?
It's usually not legal to create that type of contract.
Good post. I wish I'd seen it before I responded. One point: I'm pretty sure rather than "usually not" the word is "never." Are you aware of a contract of that nature being deemed enforceable?
Say the situations were reversed, like it was some guy working minimum wage who got Oprah pregnant, and Oprah had custody. Since Oprah is so rich, there would be no negative effect on the child with the loss of the father's tiny child support payment. That's an extreme example, but you get the point.
Another instance would be where some other form of compensation is given besides straight monetary support, such as in this case. Here, the non-custodial mother made much less than the custodial father, so the mother instead gave up her share of equity in the family home until the child reached adulthood.
http://purplelawfirm.com/blog_news/2010 ... be-waived/
In an ideal world, there would be more of the 2nd type of deal. For instance, a non-custodial parent could give new school clothes, or diapers, in place of a check. That way, it would ensure the child support money was spent on the child, and not skimmed by the custodial parent for their own personal use. Unfortunately, family courts often lack the will to impose such agreements and/or the resources to monitor and enforce them.