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- CHAPTER 4 Marital Agreements
§ 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 religious tradition.489
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Notes:
[487] See generally, Weitzman, "Legal Regulation of Marriage: Tradition and Change," 62 Calif. L. Rev. 1169 (1974). See:
Arizona: Ariz. Rev. Stat. Ann. § 25-203.
California: In re Marriage of Bonds, 24 Cal.4th 1, 99 Cal. Rptr.2d 252, 5 P.3d 815, 830 (2000).
Colorado: Colo. Rev. Stat. § 14-2-304.
Delaware: 13 Del. Code Ann. § 323(b).
Illinois: Ill. Compiled Stat. Ann., Ch. 750, § 10/4.
Idaho: Idaho Code § 32-923.
Iowa: Iowa Code § 595A.5.
Kentucky: Edwardson v. Edwardson, 798 S.W.2d 941 (Ky. 1990).
Louisiana: Sharpe v. Sharpe, 536 So.2d 434 (La. App. 1988).
Minnesota: Minn. Stat. Ann. § 519.11.
Nebraska: Neb. Rev. Code § 30-2316.
New Mexico: N.M. Code § 40-3A-4.
South Dakota: S.D. Code § 25-2-18.
Utah: Huck v. Huck, 734 P.2d 417 (Utah 1986); Utah Code Ann. § 30-8-4.
Washington: In re Marriage of Fox, 58 Wash. App. 935, 795 P.2d 1170 (1990).
Wyoming: Combs v. Sherry-Combs, 865 P.2d 50 (Wyo. 1993).
[488] See, e.g., Combs v. Sherry-Combs, id. See also:
New Mexico: N.M. Stat. Ann. § 40-3A-4.
South Dakota: S.D. Comp. L. § 25-2-18.
[489] See...
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Request your trial- Title
- CHAPTER 4 Marital Agreements
- CHAPTER 4 Marital Agreements
- § 4.01 Introduction
- § 4.02 The Traditional Rule of Nonenforceability
- § 4.03 Modern Enforceability: Generally Accepted Equitable Limits
- § 4.03A Points of Disagreement and Other Concerns
- § 4.04 Spouse Buying
- § 4.05 Formal Requirements Applicable in Some States
- § 4.06 Distinguishing Between Premarital, Post-Marital and Reconciliation Agreements
- § 4.07 Amendment or Revocation of a Marital Agreement
- § 4.08 Conflict of Laws and the Validity of a Marriage Contract
- § 4.09 Severability
- § 4.10 Contractual Provisions Regarding Matters Other Than Property or Support
- § 4.11 Provisions Regarding Child Custody and Child Support
- § 4.12 Limitation of Actions and Laches
- § 4.13 Promises to Convey Property During Marriage
- § 4.14 Miscellaneous Marriage Contract Issues
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