Learn Ask A Question Get Help
List All Law Topics   All States   State Specific
 
 Practice Area
 Location

Child Support
Can a parent limit the amount of future child support that is to be paid to the other (custodial) parent?

Maybe. Child support is awarded in the best interests of the child. In order to limit the amount of future child support payments, the interests of the child must be adequately considered. In theory, a disinterested Guardian Ad Litem for the child would have to be appointed and represent to the court that the best interest of the child would be to limit such future support payments. This would expose the Guardian Ad Litem to the possibility of a future claim by a former child (having reached the age of majority, s/he is considered to be competent to bring a legal action on his/her own) that the limitation of child support was not in his/her best interest. Thus, these limitations are rare.

Some states, however, will consider an argument that if there is a high level of income/wealth by one or both parents, a limit to the amount of support is proper. For example, suppose that the non-custodial parent has $1,000,000 in annual earned income which results in a guideline support amount of $300,000 to the custodial parent. In some states, the non-custodial parent may be able to argue that such a high level of support is not in the best interest of the child, and that a lower guideline support amount should be set.

HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2010