About a year ago, we represented an NFL footlball player in a matter where he had been ordered to fund a trust, in case he missed child support payments. The trust was a sort of collateral. That trust was upheld by the Georgia Supreme Court and this week, they have upheld a payment of “lump sum child support”. The case is Mullin v. Mullin.
While the goal of ensuring the child’s best interest is always paramount, this case presents a few complications (all of which are resolved in favor of allowing the award, since it is in the child’s best interests). Some of those concerns are that should circumstances change, the usual course would be for one party to seek a modification of the monthly payments. But in this case, the payments will have already been made. What if the child moves in with the paying parent one day, or with his relatives? Mother has already received hundreds of thousands of dollars, and then there may be no money left for the new caretaker(s) of the child.
While there are many interesting legal angles, it is hard to be upset with a court sytem that seems to err on the side of protecting children. After all, if the parents are fighting with each other, shouldn’t the court be the one voice that speaks first and foremost for the children?