My ex-wife and I divorced 2 months ago. In our divorce decree we both waived our right to child support. We have joint custody. She lost her job and is now threating me to bring me back to court for child support. Can she do this after she has already agreed in writing and notarized that she has waived all rights to child support. Thank you.
Child support is not a right that belongs to the parents, it is a right that belongs to the child and therefore cannot be waived by a parent. It is not something a person can contract their way out of. While people may often forgo asking for it in a divorce, they can always come back later and request it. So basically, the waiver you both signed is legally unenforceable.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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