QUESTION
If a verbal agreement was made, can my ex ask for child support?
Asked on Jul 22nd, 2015 on Child Custody - Nebraska
More details to this question:
Can my former spouse come back and ask for help after our verbal agreement stating that she would not do this? My ex keeps telling me she wants to take me to court for child support for our child, despite the fact that she and I agreed a few years ago that she did not need my support anymore.
7 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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At least in Nebraska a custodial parent doesn't have the right to give up child support that really belongs to the child.
Answered on Sep 01st, 2015 at 8:03 PM
4 Awards
A verbal agreement to not take child support would likely be void under public policy. If your child/children are over the age of majority, then she likely cannot come back for back support. You will need to be certain that, if support was ordered through the court, the correct documentation to stop it was filed. If the two of you agreed informally without a modification order, then the amount will have continued to accrue and you would be looking at past due amounts. You should visit with an attorney about the specifics of your situation right away.
Answered on Sep 01st, 2015 at 8:03 PM
Yes, she can. Circumstances may have changed and she is entitled, in IL, to have financial assistance from you, as the father. In IL, you have a legal responsibility to care for the child, at minimum, financially.
Answered on Sep 01st, 2015 at 8:03 PM
Court always retains jurisdiction over the issue of child support. Parents cannot contract away that jurisdiction, either orally or in writing.
Answered on Sep 01st, 2015 at 8:03 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes. The law says that child support cannot be waived or paid below the State guideline except voluntarily. Why should your kid(s) suffer for your agreement?!?
Answered on Sep 01st, 2015 at 8:03 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Child support is for the benefit of the child not the mother. Child support can be changed any time there is a substantial change of circumstance.
Answered on Sep 01st, 2015 at 8:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, she can take you back to court and enforce a child support obligation as, under the law, child support is due for the benefit of the child and not a matter of an agreement between the parents. I would see an attorney with details.
Answered on Sep 01st, 2015 at 8:03 PM