Is Making A Lump Sum Child Support Payment Really A “Baller” Move?
If you know basketball, you certainly know Anthony Edwards. His insane athleticism and grit already have him being compared to the greats and have his name in Hall of Fame conversations. What you may not have heard about Anthony Edwards is the rumor that he was trying and willing to make all 18 years of his child support payments up front. While not all of us are receiving multimillion-dollar checks from the Minnesota Timberwolves, the idea of taking care of an entire obligation is rather enticing. The question . . . is it a good idea?
In Pennsylvania, a parent’s obligation to support their child cannot be waived.
The Pennsylvania Superior Court has made it very clear that the duty of parents to financially support their children is of the utmost importance, and it cannot simply be contracted away. Hypothetically, if a parent in Pennsylvania was in a position to make an entire 18 years of payment up front, they would have to consider the above, and they may not simply be “let off the hook.”
The law keeps that parent “on the hook” for the entirety of the child’s first 18 years, despite any agreement that may be in place.
Another consideration is regarding the contract itself. The Pennsylvania Superior Court has stated agreements regarding child support must be fair, reasonable, made without coercion, and do not prejudice the welfare of the child, leaving a rather gray area for the Court to turn down a lump sum payment as it may prejudice the welfare of the child to not have the payments made over the 18 years.
The process is not as “cut and dry” as pop culture news outlets may make it seem. While the situation surrounding Anthony Edwards is only a rumor and is taking place in Georgia, it brings about a very important consideration regarding lump sum child support agreements and a party’s earning capacity. There are numerous caveats and points that must be considered before entering into any child support agreement. In turn, to ensure that your obligation is paid properly and to avoid future court action, make sure to consult a child support attorney. Obermayer’s child support attorneys can help you understand your options and make sure your agreement is fair, legal, and protects your child’s future.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.