Our son has 4 years remaining on child support obligation. He has not been late with payments, owes no back support, and the amount due over the next 4 years is approximately $40,000. His ex-wife systematically alienated the children and harassed him periodically for additional money since the divorce in Spokane, WA February 2009. She has lived in Las Vegas, NV since April 2007, has remarried twice and has not sent the children to visit our son since 2012. He recently remarried and she started the harassment for more money again. Our son deserves a fresh start with his new wife. Can we, as his parents, pay the 40K in a lump sum under an agreement that his obligation for child support ceases and she will not seek to contact him or ask for any more money in the future?
"Our son has 4 years remaining on child support obligation." Your son likely will be ordered to pay postsecondary education support for the children. He can look at the current order of child support to see whether the court has already ordered that he pays postsecondary education support.
In WA, the courts can order divorced parents to pay for the children's college expenses until the children are 23. Postsecondary education support also covers expenses for technical schools, trade schools, etc.
No court is going to agree to a lump sum for future child support.
The mother may lose custody of the children and would no longer be entitled to child support. If she already got a lump sum, who is going to financially support the children?
The incomes of the mother or father may significantly increase or decrease. For example, one or both parents may get a new job making twice as much as the old job.
You certainly can put the 40k in a bank account and withdraw from it to pay each month's child support.
Your son is not legally required to pay any more than what the court orders him to pay. He needs to tell the mother "no" if she wants him to pay more than what the court orders him to pay.
If he wants to see the children, he can ask the court to enforce the parenting plan.
Your son can review the specific facts with his attorney to find out his legal options.
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