Legal Question in Family Law in Michigan
Can child support be signed away forever in divorce settlement?
In /92, to gain custody of four minor children, husband signed divorce agreement relieving wife of ever paying child support unless he had to go on public assistance. Sep/99 he applied for support. A referee recommended ($21pwk),and 11% medical. (2x braces=$8000)Ex-wife objected. Not at hearing, her attorney advised court she doesn't work-untrue.The judge upheld contents of the agreement from /92. He acknowledged that teenagers are expensive but in this case, it was more important to honor the signed agreement. I had always understood that the premise and hopefully the practice, was that a court will do what is in the "Best Interest of the Children". That means financial (even if it's minimal), as well as emotional. In this case, the court is, in effect, telegraphing to the three teenagers left at home -We don't feel you are worth this minimal financial assistance from your mother, ordered by the referee. Can a signed agreement (contractual law),take precedence over the rights of minor children to receive financial support from non-custodial parent?(child support) (Michigan)
Thank you
1 Answer from Attorneys
Re: Can child support be signed away forever in divorce settlement?
Your instincts are correct: the "best interests" test is THE test, and if the Court insisted on honoring the agreement instead of the needs of the children, it was a bad decision. There may be other factors at work, but you need to have someone explore them. You'll more than likely have to appeal to get justice here, but it sounds like it's worth it.
If you're in Southern Michigan, I would be happy to discuss it with you.
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