Can a mother ask for child support if she already signed a document saying she wouldn't? 22 Answers as of July 12, 2013

If the mother of my child signs a document stating she will not go after child support, can she still go after me later?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends on the document she signed and the facts. You do not give enough information here. Was she represented by counsel, was this part of a larger agreement, did she get something in exchange for not going for support, etc.
Answer Applies to: Texas
Replied: 7/12/2013
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
She can ask, but you could argue that the same facts that existed that convinced her to enter into the agreement in the first place still exist today. You could also argue that she should not get any back support as of the date of the agreement because you relied on the agreement in your failure to pay. All that said, the answer to your question is, "yes." Stay well.
Answer Applies to: Alabama
Replied: 6/15/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
In general, a mother cannot waive child support in total. And any limitation of child support is still subject to review and adjustment prior to the child reaching maturity. There is a strong possibility that a court will rule any such agreement waiving child support as void.
Answer Applies to: New York
Replied: 6/15/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Yes. Future child support is considered an interest of the child. Back child support is considered an interest of the parent.
Answer Applies to: Washington
Replied: 6/14/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes, because child support is the child's right and parents do not have the authority to waive a child's rights. The document she signed might have some relevance to collecting retroactive child support, but will not be considered binding or enforceable as to future child support.
Answer Applies to: Colorado
Replied: 6/14/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    What document did the mother sign saying that you do not want child support? Yes she can ask for support. Child support is for the child and California wants both parents to support the child.
    Answer Applies to: California
    Replied: 6/13/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Yes, as child support is considered the child's right.
    Answer Applies to: Florida
    Replied: 6/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes she can because whatever she signed has no impact upon the child's rights to be properly supported by you. It's either you or the state who will support that child and you can imagine that the state employs the Judges who will decide your case. You can figure that out, right? Child support is never permanently waiveable. Good luck.
    Answer Applies to: New York
    Replied: 6/13/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    A parent can not waive child support. Child support does not belong to the parent, it belongs to the child. Therefore the mother can seek child support at a later date. Additionally child support is always modifiable and subject to the jurisdiction of the courts.
    Answer Applies to: California
    Replied: 6/13/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Absolutely. The court wants the child to have support even if a parent doesn't.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. Generally such agreements are unenforceable. That is because the child also has an interest in being properly support and the court will generally not allow the mother to give away the child's right to be supported.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, child support can be readdressed at a future time if circumstances have changed, even if child support was waived at an earlier time.
    Answer Applies to: Massachusetts
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In Georgia, arguably it would be possible to seek child support in such a situation, because the child support essentially belongs to the child and cannot be waived. You should seek legal advice from an attorney in your area. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Yes, she can. The child is entitled to be supported by his/her father and the mother isn't entitled to waive that right.
    Answer Applies to: California
    Replied: 6/13/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: It is the child's right to have child support; not the mother or fathers. It may be necessary to have a guardian ad-litem sue in the name of the child, but I believe the answer is yes. If you call, let my staff know you are a LawQA caller.
    Answer Applies to: Oregon
    Replied: 6/13/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio and Michigan Absolutely. Spousal support (if you are married), maybe not. Child support is always available in the best interest of the child.
    Answer Applies to: Ohio
    Replied: 6/13/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, the mother does not have the ability to waive the child's right to be supported. Despite what she signed, if the mother asks the court to determine the father's child support obligation, I know of no reason it would not so do.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    I would need to know more details and background about the document, but in general in Georgia a parent does not have the right to waive child support - that right belongs to the child. So one parent cannot legally say they will refrain from asking for child support.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Yes, because the courts will usually not allow one parent to agree to not seek child support, as this is not in the best interests of the child.
    Answer Applies to: Florida
    Replied: 6/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    She has no legal authority to make such an agreement and it is meaningless. She can pursue support at any time.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. The right to child support is not waivable. Support is for the child. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/13/2011
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