On a separation agreement drafted to my husband, there is a statement which deeply concerns me:
“In any event of a legal action involving child support, the parties agree that the parent not receiving child support does not have to pay any monies for any expenses for the minor child to include medical or dental expenses. Once a child support order is entered, the non-custodial parent may then claim the minor child for all tax purposes beginning with the next calendar year and each year thereafter.”
Does this statement possibly limit the power of the court to determine an adequate amount for child support? My concern is if I sign this agreement it may hinder my ability to request an adjustment if my daughter financial needs change. If I am understanding correctly, it even states my husband will no longer be responsible for our daughter expenses if I ever need to file through court. Please clarify.
Thank you.
This is not a common provision in a child support agreement and you will likely want to strongly object to its inclusion in its entirety. If this were in an agreement that I was reviewing, I would strike it and hold firm on that.
This provision, as written, is highly speculative of what the financial circumstances of both parents will be if and when a child support action is ever filed. It tries to prevent one party from filing for child support against the other, and that is completely unconscionable. It also tries to circumvent the law if and when a child support action is filed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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