Modifiability of Written Child Support Agreement

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When parties are divorced, they often detail the economic terms in a written agreement called a marital settlement agreement or a postnuptial agreement. These marital settlement agreement may contain a provision regarding child support. The child support agreement usually contains the monthly amount of child support, but the agreements often will not identify what happens if there is a change in circumstance. A change may be a change in the child custody arrangements, or either party receives a substantial increase or decrease in income.

 

The issue then becomes whether the change in circumstances will result in a modification to the child support obligation.

 

In Pennsylvania, martial settlement agreements are enforced as if they were any other contract. Pursuant to  McMahon v. McMahon, "absent fraud, misrepresentation, [lack of full and fair disclosure], or duress, spouses should be bound by the terms of their agreements."

 

Despite this general principal, the case Miesen v. Frank, held that "[i]t is well settled that one parent cannot contract away the right of his or her child to seek adequate support from the other parent." The holding of Miesen v. Frank, was later clarified by the Pennsylvania Divorce Code which now states that "A provision of an agreement regarding child support . . . shall be subject to modification by the court upon a showing of change of circumstances."

 

Simply because a child support agreement is modifiable does not mean that a party may reach a child support agreement, and the following day, request a modification. In the case Roberts v. Furst, a mother agreed to release the father from his child support obligation for a lump sum payment of $9,000. Although father made the payment and mother agreed to waive child support, mother filed a complaint seeking additional support. Mother stated that she, and her new husband, were financially able to support the children; however, she believed that father should pay additional child support. The court rejected mother's request and enforced the agreement. The court stated, however, if mother and her new husband would be incapable of supporting the children, father's obligation to contribute to child support would resume.

 

Despite the holding in Roberts v. Furst, 13 years later, in the case Sams v. Sams, the court held that a similar agreement whereby a mother agreed to waive approximately $100,000 in support payments for a lump sum payment of $74,000, was unenforceable. In the Sams v. Sams case, the court would not enforce an unreasonable agreement that waived $100,000 in child support for a lump sum payment of $74,000.

 

In practice, Pennsylvania courts often repeat the holding of Miesen v. Frank, "[i]t is well settled that one parent cannot contract away the right of his or her child to seek adequate support from the other parent," and are willing to modify any child support agreement. However, under Pennsylvania case law, the enforceability of a child support agreement will depend on the specific facts of each case.

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