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I was divorced officially August 16, 2022 and my now ex-wife signed a divorce agreement that she did not want child support now almost 14th months later because she’s mad about something she’s coming asked me for child support can she do that? She signed a divorce agreement 14 months ago that she did not want child support.
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It is fundamental law in PA that a parent cannot bargain a child’s rights away. Accordingly, a parent can never permanently waive child support.
There are 2 ways to approach the property settlement agreement. Your ex-wife may argue that the provision waiving support is unenforceable as against public policy. The agreement likely contains a clause noting that, if any one provision is held unenforceable, the balance of the agreement will nonetheless be enforced.
You or your attorney may argue that she breached the agreement, even if unenforceable, so that she is liable for damages.
But there is no question she may pursue support.
I trust this answers your questions but do not hesitate to call or email on a free initial basis.
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
610 489-3041 o
610 489-3042 fax
mnahrgang@verizon.net
nahrganglaw.com
Answered on Oct 03rd, 2023 at 5:20 AM