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Unreasonable minimum child support clause void; support based on actual reported income.
Following the parties’ separation and a jointly requested divorce, the remaining dispute concerned child support and extraordinary expenses for two children.
The court considered whether income should be imputed to the payor father above amounts shown in his tax returns and whether a separation agreement clause fixing a minimum child support amount regardless of income was enforceable.
The court found the clause unreasonable and of no force because it required payment even if income fell to zero.
The court declined to impute higher income, relying instead on tax records to determine guideline income.
Child support was set according to the father’s actual income, retroactive adjustment was limited, and the father was ordered to contribute a proportionate share of extraordinary expenses.
