You bet she can. This is a breach of ethics proposed by the lawyer, in my view, and he/she could be disbarred for making such an offer. Parents cannot bargain away their child's right to support -- to do so violates public policy. The mother can immediately ask the court for a support order, and while the court might say no -- it could also say yes. And, once the value of the $44K is used up, there is nothing to prevent the mother from asking the court for another order.
Also, and while this rarely crosses the minds of parents, the other parent could get hit by a bus tomorrow, and you would suddenly have sole custody
-- and be out the $44K. So, there is never
a good reason to pay advance child support.
Hope this helps.
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