Two years ago my son came to live with me and my current wife. He was not getting along with his step-father and the cops had been called a few times. My Ex-wife said my son could come live with me, but only if i signed a piece of paper stating i would not ask for any child support. I wanted my son out of that enviroment so bad i signed it just to get him out. Now times are tight, and i need some support, Do i have any legal ground to stand on, or am i screwed!
2007-09-04 13:01:22 · 12 answers · asked by christopher 2 in Family & Relationships ➔ Marriage & Divorce
I had the custody changed to me, just left the support alone.
2007-09-04 13:25:09 · update #1
I live in New York
2007-09-05 12:16:00 · update #2
She is screwed, not you. They look at the best interest of the child, not the parents and if you need the money to help raise your son, you are entitled to it, no matter what piece of paper you signed. If nothing else you could claim you signed it in duress, because you wanted to get your son free from that environment, so you did what you had to do to get him out the easiest and fastest way you could.
If you get a good enough attorney, she may even be liable for back support.
edited:
You can file for support at any time. You don't even need a lawyer. All you have to do is go to children's services in your county to get the paper work started. Then she can appeal if she wants to, but she will lose (then you may be able to get a free attorney from the state to protect your child's interests). All parents are entitled to child support from the non custodial parent. She may try to get custody back, but your son is at an age where most judges will let him stay where he wants to, and since he is already with you, I don't think you have to worry about her getting custody again. The judge will see she only wants him to avoid paying support and they don't look too kindly on those kinds of parents.
2007-09-04 13:07:05 · answer #1 · answered by ♦justme♦ 6 · 2⤊ 0⤋
I would not sign the paper and just take her to court and tell the judge that she will ONLY let the child live with you if you sign away your rights to child support. You know what the judge will say? She cannot do that. You have a right to child support. I bet you pay right now too.
Trust me, get a copy of the paper and DO NOT SIGN use it in court. The judge will give you custody and child support.
Having the police at her home ( for whatever reason) is not a good place for the child and may not be in the best interest of the child
2007-09-04 13:08:09 · answer #2 · answered by giveu2tictacs 5 · 0⤊ 0⤋
Every state is different so do your homework and get a lawyer, but in many states there is a time period (say every 3 years) in which child support can be reevaluated and changed for cost of living and things like that. At any point though, if there is a major change in income or expenses (loss of a job or illness) you can request to have it reevaluated. It doesn't sound like what you signed would be legally binding, and even if it was, it may not be anymore if things have changed. My husband and I are going through this with his ex and although she is full of threats, she doesn't have a legal leg to stand on. It is hard though--good luck to you.
2007-09-04 13:24:09 · answer #3 · answered by MaeMae 1 · 0⤊ 0⤋
It all depends on the state you live in. The right to support is your child's right. I don't think your giving up that right would have any legal effect. In other words, it means nothing and she cannot enforce it. I would consult an Attorney. You can check with Legal Aid or check with your local bar association to see if they have one day a week they will answer questions for free. In Houston, Texas it is Wednesdays. However, if your wife was awarded custody and you did nothing to formally modify that, she can yank the child back. You need an Attorney before you do anything. Plus, you have to get a support order in order to get the state to have the money taken from her paycheck.
2007-09-04 13:07:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That paper is not worth the paper it's written on, you cannot sign away your sons right to child support. No Judge will up hold that...just go to court for his support you will get it.
2007-09-04 13:44:37 · answer #5 · answered by Glinda W 6 · 0⤊ 0⤋
This is easy. First, ask for it. If she says "no", then talk to an attorney. If she won't voluntarily provide child support, you'll have to get a court to make such an order. But first ask her if she feels any obligation toward your son and if she wants to participate in his upbringing. Try meeting with her and discussing the situation before spending the money on an attorney.
2007-09-04 13:06:45 · answer #6 · answered by judgebill 7 · 0⤊ 0⤋
i'm not sure what state you are in....but child support can NEVER be waived. EVER. that is not a legal document. that piece of paper is as good as a murder contract on your wife. it won't do anyone any damn good in court.
file ASAP! as long as you have custody you are entitled to support until they reach the age of 18.
2007-09-04 17:48:45 · answer #7 · answered by Isabella S 4 · 0⤊ 0⤋
You are not screwed. If the situation changes you can go back to court and ask the judge to reevaluate support.
2007-09-04 13:15:23 · answer #8 · answered by my_son_wants_to_know 4 · 0⤊ 0⤋
well you gave up something that is not yours to give . i do believe that you can get support . it is your Child's right to be supported. and if there is a custody order you may want to have that updated before you take any actions to get support. YOU NED TO CALL YOUR LOCAL CHILD SUPPORT OFFICE/ AGENCY AND TALK TO SOME ONE THERE THEY WILL BE ABLE TO HELP YOU MORE THAN ANY ONE ON HERE WILL BE !!!
2007-09-04 13:20:57 · answer #9 · answered by <3 4 · 0⤊ 0⤋
You need to get a lawyer. Did she sign a paper releasing her parental rights? If not, I don't think that contract is legal. I would contact the D.A.'s office and ask.
2007-09-04 13:06:40 · answer #10 · answered by lawstudntbynite 3 · 1⤊ 0⤋