contract-law child-support
Can you have contract involving Child Support?
<p>I know that it is not possible to have a contract (whether within prenup or separate from it) that dictates the terms of Child Custody or Child Support. But can you have a contract that depends on the result of Child Support verdict?
For instance, can you have this contract:
&quot;The spouse that receives Child Support that its amount is over X amount of money, would have to pay back any extra amount.&quot;
The above contract, does not technically dictate the terms of Child Support, however obligates the spouse to return back any amount over X amount rewarded.
My question is, would such contract (or something similar to it) be a valid and enforceable contract?</p>

<h2>No</h2>
<p>Such a contract would be an attempt to evade the court order mandating a given level of support, and would not be enforceable.</p>
<p>However it is not the case that no contract can deal with Child Custody or Child Support. A couple could surely make a contract to pay <strong>more</strong> than a court had ordered, that in no way violates the order. A contract could specify a default or initial amount of support, to be paid until and unless a court orders a different amount. Similarly a contract could specify initial custody, pending any court decision to the contrary, but it cannot preclude the court from making an order in accordance with the best interests of the child.</p>
