§ 4.11 Provisions Regarding Child Custody and Child Support
| Jurisdiction | United States |
| Publication year | 2021 |
§ 4.11 Provisions Regarding Child Custody and Child Support
The courts are not bound by provisions in a marital contract regarding child custody and support.487 Such determinations will be made by the divorce court according to the best interests of the child, the child's needs, and the parents' ability to pay.
This issue has arisen in connection with a parent's attempt to limit or avoid a child support obligation if divorce occurs.488 Courts have not enforced such limits. However, if the contract establishes a support level higher than what normally would result, a court might be more inclined to enforce such a provision.
Most courts will not enforce an agreement to raise children according to a specified...
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