Can I change the child support arrangement I had when I divorced? How? 7 Answers as of August 21, 2015

When my husband and I divorced six years ago, we had four children under age 18. Three were teens and I agreed to allow them to live with their father because he remained in the family home and they didn't want to change schools. The youngest one lives with me. Now the three older children are over 18, out of school, and on their own. However, the youngest is 13 and lives with me. At the time of divorce, we both agreed that no child support was required of either party, and I signed something saying I wouldn't request it in the future. Can this be changed now that the only minor child lives with me?

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Law Office of Martin A. Kahan | Martin A. Kahan
Child support is always modifiable. What did you sign?
Answer Applies to: California
Replied: 8/21/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Yes, that issue can be addressed through a Supplemental Petition for Modification . I assume that under the existing order the last remaining child primarily lives with you. If not, that will need to be modified as well. The provision of the agreement that you never seek child support is most likely illegal.
Answer Applies to: Florida
Replied: 8/21/2015
John Russo | John Russo
Child support matters are always modifiable. The is yes.
Answer Applies to: Rhode Island
Replied: 8/20/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Child-support and parenting are two issues that the court continues to have jurisdiction over. You cannot waive the right of child support. You have a right to return to court on this issue. It would be best to meet with an experienced family law attorney to assess your legal options.
Answer Applies to: California
Replied: 8/20/2015
Peggy M. Raddatz
Peggy M. Raddatz | Peggy M. Raddatz
It is never possible to waive child support. Whatever you think you signed is not a total waiver of child support. The court would not allow a waiver. It is likely it states you reserved the issue of child support. Why guess what is stated? Take your divorce papers to a family law lawyer for a full consultation. Child support is a right of the child not the parent. Sounds like if the 13 year old lives with you and the others are emancipated then you should file to receive child support. Be advised though it could be a slippery slope if the other children are in college he could file against you for contribution to college expenses.
Answer Applies to: Illinois
Replied: 8/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to examine your consent judgment provisions, but generally child support is for the benefit of the child as opposed to a simple agreement by the parents and therefore the court continues to have the jurisdiction authority to modify child support due to changes in circumstances. I would suggest to engage an attorney to look at the specifics and counsel you as to whether or not it would be worth expending the fees to attempt what you propose.
    Answer Applies to: Michigan
    Replied: 8/20/2015
    Gregory Brough, Attorney at Law | Gregory Brough
    The agreement you signed is unenforceable. The court retains the ability to award child support. There is case law which says, in essence, one parent cannot contract away a child's right to receive support from the other parent.
    Answer Applies to: Missouri
    Replied: 8/20/2015
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