Payment of Excess Support

Mediating parties may also be attracted to a provision with regard to "excess support" which states that payments of excess support, be that spousal support or child support, should not be held against the payor as evidence of his or her ability to make such additional payments, nor indicative of the recipient spouse's need for extra money, in any subsequent support modification hearing. This type of provision tends to increase the likelihood that a payor will give more than the minimum amount required under an agreement with the protection that such "generosity" will not be held against him or her.