Like if she made a legal agreement with the father that he NEVER had to pay child support, would that be enforceable in court?
2007-12-18 06:10:52 · 6 answers · asked by bowlingcap 2 in Politics & Government ➔ Law & Ethics
Richard is correct and Heather is fortunate
support is for the child and if the custodial parent does not need help that is great the non custodial parent should not have to be ordered to do their part by a court but sadly most do. it says a lot about us as a society that we fight over our children and then so many fight to not have to support them.
i wish all had things worked out as Heather does and all parents supported their children emotionally as well as financially
EDIT:
child support and visitation are two separate issues and are not in any way tied together by the courts. visitation is a right granted by the court support is an obligation upheld by the court.
2007-12-18 06:32:39 · answer #1 · answered by michr 7 · 1⤊ 0⤋
No, such an agreement would be "counter to public policy", and unenforceable. She can simply not request child support - but if, at any time in the future, her situation changes she will be able to go to court and request child support. The court will simply ignore any agreement or promise by her not to do so.
It is the CHILD that has the right to the support. The State also has the right to protect it's interests. If, for example, the mother loses her job and has to go on welfare, the State wants her to have CS coming in from the father so that the State isn't supporting them both.
Richard
2007-12-18 06:17:08 · answer #2 · answered by rickinnocal 7 · 3⤊ 1⤋
As long as she is not getting state assistance or any kind of welfare then, yes, she may decide not to seek child support from him. However, an agreement to NEVER seek child support against the father would be unenforceable in court. There may come a time when the child needs that assistance. If she is on state assistance, she will have to seek child support. I do not receive child support from my son's father nor have I ever asked for it. He makes much much less than I do and provides the support he can in the way of buying needed items for him and providing emotional support for me, and my son stays with him in the summer. However, if there came a time when my son needed the financial assistance, I would seek it in a heartbeat, and his father would willingly pay.
2007-12-18 06:17:40 · answer #3 · answered by Heather Mac 6 · 3⤊ 0⤋
It is a child's right to receive child support, but if it means visitation rights and the child or you would be endangered, you need to go a different route.
My sister used to live in MN where she gave birth to a beautiful son after a high-risk pregnancy. The father raped my sister numerously during her pregnancy, usually when her MS made it impossible for her to do anything to prevent it. (She was unable to move for up to 30 when her MS flaired up.) For the first 18 months of my nephews life he would have night terrors, always after an argument or she was raped. (They went to counselling and he told the counselor that it was his right to have sex with her and she would not have sex otherwise. The female counselor told my sis to be more affectionate and give him the sex he was entitled to!) She finally left him and got an order of protection. He kept stalking her, so she went into hiding.
Since she was unable to work due to the MS, she had to go on state assistance. The state wanted to go after the father for child support, but she went to a counselor who testified that mother was in fear for her life and it would put the child in danger if the father knew where they lived, or if he was granted visitation. The state agreed and helped her stay in hiding, even when she moved out of state.
The state where she moved also agreed not to alert the father to her whereabouts even though the father was trying to find them. The court also allowed her to change the birth certificate and give the baby her last name so it would make it more difficult for them to be tracked. The baby is now 14 yrs. old and doesn't want to know where his bio-pop is (or as he calls him: the sperm donor), but she says she will tell him if he ever wants to contact him.
What ever your reason, don't allow your child to be placed in danger.
2007-12-18 06:53:14 · answer #4 · answered by Granny Jo 3 · 0⤊ 0⤋
Of course; if it's legally recognized in your state.
The mother requests support help FOR the child; not TO the child. Big difference.
2007-12-18 06:15:20 · answer #5 · answered by wizjp 7 · 0⤊ 1⤋
Generally no. Child support is not a right of the mother it is a right of the child.
2007-12-18 06:14:09 · answer #6 · answered by smedrik 7 · 3⤊ 1⤋