Can My Spouse Pay Me Lump Sum Child Support?

Recently, a story surfaced about yet another legal battle Mr. Weinstein is now facing in a New York court: a request by his ex-wife for the lump sum payment of child support in the amount of $5,000,000. Her attorney argued that such a payment would protect the Weinstein children in the event their father becomes insolvent as a result of the numerous claims and lawsuits against him. Whether a New York judge  will grant that request is unclear.

If  Mr. Weinstein was fighting this battle in Connecticut, would a Connecticut judge grant such a request?  

The answer: possibly. There appears to be only one Connecticut case that squarely dealt with this issue. In Steinman v. Steinman, 3 Conn. Supp.122 (1935), the court granted the wife’s request for a lump sum child support order, as opposed to a periodic order, i.e. monthly or weekly payments, based on the husband’s threats to move overseas. Relying on Steinman , a legitimate argument could be made for the payment of lump sum child support in cases where one spouse is worried that the other will divert income, squander assets, or just take off overseas. A showing that the lump sum payment would serve to protect the child also seems necessary.

Could spouses enter into agreements providing for the lump sum payment of child support?  

Theoretically, yes. However, unlike agreements that provide for the payment of lump sum alimony, agreements providing for the lump sum payment of child support will most likely not be enforceable in future child support modification proceedings. More recent cases (Guille v. Guille , 196 Conn. 260 (1985); Rempt v. Rempt, 5 Conn. App. 85 (1984); and Tomlinson v. Tomlinson , 305 Conn. 539 (2012)) show that agreements restricting the future modification of child support are ineffective because child support can always be modified. Therefore, the spouse who pays the lump sum child support runs the risk of a court modifying the lump sum agreement to require additional future payments of child support.

Each child support case is unique to the specific dynamics of those involved. For more information about child support laws or to schedule a consultation to discuss your own case, please contact us today. We provide legal counsel throughout Westport, Wilton, Stamford, Darien, Greenwich, New Canaan & the surrounding areas.