Wednesday, December 6, 2006
Case Law Development: Michigan Court Lets Stand Parental Agreement that Future Child Support Shall Be Satisfied From Alimony
I regularly have students ask about parental agreements that waive child support and assure the students that parents may not bargain away their duty to support their children. But then I see cases like this one, in which the Supreme Court of Michigan over a strongly worded dissent denied appeal of a case in which the parents agreed that if the father was ordered to pay any child support in the future, the obligation must be satisfied entirely from the mother's alimony. The dissenting judge noted that "The 'deal' that the parents agreed on is unusual in the annals of divorce law in this state [and] may well be in violation of public policy."
Laffin v. Laffin, 2006 Mich. LEXIS 2788 (November 29, 2006)bgf