White v. Laingor

746 N.E.2d 150, 434 Mass. 64, 2001 Mass. LEXIS 202
CourtMassachusetts Supreme Judicial Court
DecidedApril 27, 2001
StatusPublished
Cited by16 cases

This text of 746 N.E.2d 150 (White v. Laingor) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. Laingor, 746 N.E.2d 150, 434 Mass. 64, 2001 Mass. LEXIS 202 (Mass. 2001).

Opinion

Ireland, J.

This case arises from a Probate and Family Court judge’s enforcement of an agreement between divorced parents of two children in which the mother agreed to accept a reduced lump-sum payment for child support arrearages in exchange for the father’s consent to the adoption of the children by her new husband. When the adoption did not occur, the father argued that his mere consent to the adoption sufficed to bind the parties to the terms of the agreement. The mother countered that the probate judge’s enforcement of the reduced lump-sum payment provision was contrary to public policy and, in the alternative, that a condition precedent, i.e., a successful adoption, did not occur. She appealed and we transferred the case to this court on our own motion. We conclude that where, as here, there has [65]*65been no judicial determination that the proposed terms advance the best interests of the children, an agreement to exchange parental rights for a reduction in child support payments is not enforceable. Accordingly, we vacate the order and remand for a modification of the arrearage.

I. Background.

The parties were divorced in 1988. In 1993, they stipulated to a judgment under which the father agreed to pay $125 a week in support of their two minor children. Two years later, the mother remarried. In March, 1997, the mother filed a complaint alleging that the father’s child support arrearage totaled $13,800, and a hearing was scheduled. On May 6, 1997, just prior to the hearing, the father filed a modification complaint seeking to reduce his support obligations due to changed employment circumstances. At that point, the parties, through counsel, negotiated a verbal agreement pursuant to which the father would (1) consent to an adoption of the children by the mother’s new husband and (2) make a lump-sum payment of $8,000 (representing a reduced amount of the outstanding arrearage), in exchange for a release from all past, present, and future child support obligations. On June 27, 1997, the father signed the consent to adoption forms, purchased a cashier’s check in the amount of $8,000, and ceased making child support payments. However, shortly after the agreement, the parents’ older child became twelve years old1 (the age at which children can legally withhold their consent to a proposed adoption, G. L. c. 210, § 2), and she exercised her statutory rights and refused to proceed with the adoption. Without her consent, the intended adoption could not be perfected.2 Thereafter, the father did not transmit the $8,000 agreed lump-sum and he made no further support payments.

On December 8, 1998, the mother filed another complaint [66]*66against the father, claiming arrears in the amount of $18,000.3 After a hearing on the complaint, the judge determined that the mother (1) “fully understood the terms the [father] proposed and the rights [she] was relinquishing” in the agreement; (2) “breached the agreement”; and (3) would be owed at least $22,765 “if the agreement between the parties had not existed.” Based on these findings, the judge concluded that the father’s arrearage totaled only $8,000 (the reduced amount set by the agreement), and ordered him to make future weekly payments in the amounts of $125 (toward child support) and $31 (toward arrears).

II. Public Policy.

In many situations, parents are in the best position to negotiate on behalf of their own interests and those of their children. However, in circumstances such as these, we harbor a real concern that the interests of the child may be compromised during the bargaining process. We therefore hold that an agreement between parents to reduce child support obligations in exchange for the surrender of parental rights, without a judicial finding that the proposed agreement is in the best interests of a child, violates public policy.

“Generally speaking the Massachusetts courts encourage the resolution of marital disputes, including support issues, by the agreement of the parties.” C.P. Kindregan, Jr., & M.L. Inker, Family Law and Practice § 39.10, at 701 (2d ed. 1996). However, “[a]n agreement to fix a spouse’s support obligation for minor children stands on a different footing [than inter-spousal agreements]. Parents may not bargain away the rights of their children to support . . . .” Knox v. Remick, 371 Mass. 433, 437 (1976). “It is therefore obvious that the public policy of the Commonwealth which requires that children be supported as completely as possible from parental resources will take precedence over the freedom of the parties to enter a binding contract” that could potentially jeopardize the children’s interests. C.P. Kindregan, Jr., & M.L. Inker, Family Law and Practice, supra at § 39.11, at 705. This settled public policy was infringed when the mother attempted to forfeit her [67]*67children’s right to support in exchange for their father’s consent to adoption without judicial involvement.

Selected enactments of the Legislature convey the importance of judicial review of child support agreements between parents. See, e.g., Massachusetts Child Support Guidelines (guidelines do not apply where “parties have made an agreement which is approved by the court and is found by the court to be fair and reasonable, and makes adequate provision for the support of the child” [emphasis added]); G. L. c. 208, § 28 (“A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance”); G. L. c. 119A, § 1 (against public policy of commonwealth for court of competent jurisdiction to enforce agreement between parents if enforcement of agreement prevents an adjustment or modification of child support obligation when such adjustment or modification is required to ensure that allocation of parental resources continues to be fair and reasonable and in best interests of child). Other jurisdictions have shared these public policy concerns.4

These expressions of public policy do not, however, render similar child support agreements violative of public policy per se. To the contrary, in certain circumstances,5 a court-authorized agreement of this sort might be beneficial for all interested parties, including the children. In a case akin to the one at bar, for instance, adoption by a stepparent may also be in the children’s best interests, and because that adoption would release the biological parent from future support obligations as a matter of [68]*68law, an agreement that fixes the amount of the biological parent’s past support as a lump sum, in tandem with the consent to adoption, may well be a suitable resolution. As the judge noted here, “This [type of agreement] is a very common thing that happens when people remarry . . . .” Situations may also arise in which an immediate lump-sum payment of a reduced amount (as opposed to a larger amount ordered paid over time in weekly intervals), could benefit the child. Indeed, subjecting children to all the uncertainties of future collection efforts is not necessarily in their best interests. See Ames v. Perry, 406 Mass. 236, 240-241 (1989) (public policy supports enforcement of marital agreements that lend “finality and predictability . . . and avoid[] recurrent litigation in the highly charged emotional area of divorce law”).

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Bluebook (online)
746 N.E.2d 150, 434 Mass. 64, 2001 Mass. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-laingor-mass-2001.