SecondCor521
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^ No, and they could but it is highly unlikely, respectively.
As for the first question, unless there is a breach of contract or the contract is invalid, most judges are going to say that the original contract needs to be respected. I doubt the contract you envision for the donor would have had clauses in it which would enable the woman to go after the donor in situations where the twin died. I'm also having a hard time imagining the donor signing a contract that would have clauses in it which he could breach (maybe if there was a gag clause requiring all parties to keep the arrangement private and he mentioned it to someone other than his attorney?) I think this would be even more true if the woman had an attorney on her side of the original contract, because the court will think that she should have thought of the potential that her husband might die and should have protected herself either through the contract with the donor and/or life insurance.
As far as the second question, you may not be aware but based on a Supreme Court ruling or requirement, each state must establish child support guidelines. In my state, one basically sticks in the Dad's income, the Mom's income, and the percentage of time each kid spends with each parent into a formula, and out pops a child support amount.
There is a legal presumption in my state that the amount that the formula spits out is the "correct" one and the amount that the judge will order unless there are very unusual circumstances (and the unusual circumstances you've described in this situation I don't think would affect that). In fact, the law requires that if the court deviates from the guidelines that they state what the guideline child support amount was and why they deviated from that amount (see 3(c) in the link below).
Lump sums for child support are usually not done. In part this is because the incomes and custody arrangements could change over the course of the child's time of being a dependent, and so it is common for the monthly child support amount to be recalculated from time to time.
You can read my state's child support guidelines here:
https://isc.idaho.gov/files/ICSG-July_1_2012.pdf
My understanding is that each state has their own version of these rules.
As for the first question, unless there is a breach of contract or the contract is invalid, most judges are going to say that the original contract needs to be respected. I doubt the contract you envision for the donor would have had clauses in it which would enable the woman to go after the donor in situations where the twin died. I'm also having a hard time imagining the donor signing a contract that would have clauses in it which he could breach (maybe if there was a gag clause requiring all parties to keep the arrangement private and he mentioned it to someone other than his attorney?) I think this would be even more true if the woman had an attorney on her side of the original contract, because the court will think that she should have thought of the potential that her husband might die and should have protected herself either through the contract with the donor and/or life insurance.
As far as the second question, you may not be aware but based on a Supreme Court ruling or requirement, each state must establish child support guidelines. In my state, one basically sticks in the Dad's income, the Mom's income, and the percentage of time each kid spends with each parent into a formula, and out pops a child support amount.
There is a legal presumption in my state that the amount that the formula spits out is the "correct" one and the amount that the judge will order unless there are very unusual circumstances (and the unusual circumstances you've described in this situation I don't think would affect that). In fact, the law requires that if the court deviates from the guidelines that they state what the guideline child support amount was and why they deviated from that amount (see 3(c) in the link below).
Lump sums for child support are usually not done. In part this is because the incomes and custody arrangements could change over the course of the child's time of being a dependent, and so it is common for the monthly child support amount to be recalculated from time to time.
You can read my state's child support guidelines here:
https://isc.idaho.gov/files/ICSG-July_1_2012.pdf
My understanding is that each state has their own version of these rules.