Previously, I wrote about the dangers of parents making an agreement for child support and not
In the Zizza case, the parties, after a
foreign divorce, entered into a private agreement regarding property division, child custody, visitation, and child support. The
agreement also had a clause that stated that the agreement could not
be be modified by any court. This agreement eventually resulted in
litigation in Massachusetts District Court with the court ordering a
modification of the child support obligation. On appeal, the
Appellate Division upheld the modification of child support. The
court added a comment which explained that the Massachusetts
Legislature has declared that it is against public policy to make an agreement that prevents the courts from changing child support obligations.
If you are about to make an agreement
for child support you should consult a lawyer who is experienced in
family law to make sure you don't fall into a child support trap.
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