It is well-established in Virginia that parents cannot contractually waive a child’s right to receive financial support from one parent. In other words, a settlement agreement providing that a custodial parent will waive payment of child support from the other is not enforceable in court, should that custodial parent later change his or her mind.
But what if a settlement agreement provides that the non-custodial parent will pay more than the guideline amount of child support—is that binding and enforceable by a court?
Chief Judge Dennis Smith of the Fairfax County Circuit Court says the answer is yes, as long as it’s in the best interests of the child.
The full opinion can be read here: http://valawyersweekly.com/fulltext-opinions/2014/08/27/014-8-077-host-v-host/
