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01-13-2014, 06:33 AM
Pretty random question, hypothetical, and probably impractical: Has anyone heard of an unmarried couple signing a contract that states that the woman will never seek child support, no matter what happens? Would this contract be enforceable, valid? (In the US).
In this case, the two would raise the child together, and hopefully everything goes well. But if it doesn't, and they split, then the woman can never file for child support. This is the agreement they both agreed to, and the man would not have gotten her pregnant (inseminate her, etc.) if this agreement was not in place.
I keep finding that men can sign off their parental rights in certain cases, but this is different.
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01-13-2014, 06:54 AM
Nothing a woman signs is enforceable.
God'll prolly have me on some real strict shit
No sleeping all day, no getting my dick licked
The Original Emotional Alpha
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01-13-2014, 07:03 AM
a) nothing you sign in advance of a child's birth is enforceable on either custody or child support
b) the court always takes the best interest of the child and doesn't (supposedly) consider the case for either parent. so whatever the situation is at the time of the custody hearing will be what the judge considers
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01-13-2014, 08:05 PM
I was thinking a way around this, what if once the baby is born you get your parents to legally adopt it thus leading to the mother releasing rights to the child.
Old people love little children, you still raise the child with your parent's help (common in Asian cultures) and the child's mother loses her bargaining chip for custody/monetary support if things go south.
And to avoid civil union "marriage" laws, you get the girl to sign roommate lease agreement/contract.
Boom girl leaves, can claim civil union for alimony and because parents legally adopted the child she can't use the child as a tool for $$$
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01-13-2014, 08:30 PM
Child support belongs to the child, and the mother cannot waive the child's rights.
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01-16-2014, 02:47 PM
That's like me signing off on a contract saying it's OK for you to come and shoot up heroin at my place.
Might be OK with you and me, but state and federal law supersedes our contract.
I always laugh when I hear about people thinking they can create their own laws regarding child support. The court throws that stuff out so fast your head will be spinning. There is no free pass, unless you wanna disappear and live completely off the grid.
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01-16-2014, 02:51 PM
Quote: (01-13-2014 08:30 PM)BLarsen Wrote:
Child support belongs to the child, and the mother cannot waive the child's rights.
100% right. the problem is that the mother becomes the executor of those funds and is under no obligation to spend them in any proscribed way.
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01-16-2014, 02:52 PM
Well as I posted above, a Pennsylvania case showed that if you sign a written contract that a., you will sign off parental rights (with no child support), and b., the woman is inseminated by a licensed physician (i.e., you are donating your sperm to her), then you won't be liable for child support. But, then you aren't allowed to play a "role model" role for the child, and basically can't be around the child much.
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01-16-2014, 02:59 PM
If a man is not paying for the child, the state is. The state does not want to pay for the child, therefore, it will do everything it can to force a man to pay (See case of lesbian couple who had a known donor. The lesbian couple split, and fell on hard times. Since the father was known, the state forced him to pay, even though neither of the lesbian parents wanted him to.)
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01-16-2014, 05:54 PM
In my fantasies I thought of a solution to this knowing that there is not way to contract away child support.
If the family were really rich and thought you were just grand, and daughter wanted your baby, could a spendthrift trust be set up to reimburse you if and only if any child support was ever demanded of you?
In other words, they say "We won't ever ask for child support. "
Of course, that's a contract that can't be enforced, so you get them to set up an irrevocable trust that will pay out to you the amount of child support should they ever renege on the deal and take you to court for child support.
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01-17-2014, 02:02 PM
Like previously stated, child support is the child's right, as is which parent gets custody. Nobody can contract away the child's rights.