This comment will address the custodial parent's right to contract with the supporting parent to modify court-ordered child support payments. Part II discusses how the courts have classifled contracts made to settle past due child support payments. It will also explain the defenses that some courts recognize and utilize to protect the supporting parent when the courts refuse to enforce the contracts. Part III discusses the different rationales for either enforcing or invalidating contracts that modify future child support payments. Part IV recommends that the courts allow parents to contractually modify payments and that the courts use traditional contract principles, combined with a best interests of the child test, to determine the validity of each contract.
Lynette K. Neel, Contractual Modification of Past Due and Future Child Support Payments, 19 Campbell L. Rev. 189 (1996).