An escalation clause in a stipulated child support order that provided for automatic increases in husband’s child support obligation based solely on consumer price index was void and unenforceable, but the provision of the settlement agreement for automatic escalation of non-modifiable spousal maintenance based on consumer price index, rather than wife’s need or husband’s ability to pay, was enforceable.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com