More details to this question:
If an expecting mother claims she wishes to have no forward assistance with the child from the father, even after birth - and is willing to have documentation drawn up to do so. Does this legally excuse child support moving forward?
2 ANSWERS
Divorce Attorney serving Short Hills, NJ
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Diamond & Diamond, P.A.
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The short and most precise answer is NO.
I dont care if she signs off in blood, it is not binding or enforceable in the court system and any suggestion that the court should not require the father to pay is simply untrue. Right now, she may be of the mindset that she does not want any relationship with the father and does not want him in the child's life and tells him that if he agrees not to contact her or seek any parenting time with the baby that she will never seek child support from him. The guy may therefore say that based on that position, he is willing to walk away from the child. Unfortunately, at any point in the future, if she decides that she wants support for the child, she has an absolute right to require it and similarly, even if he pinky swears that he will never seek to visit with the child, he can change his mind and ask the court to compel her to cooperate with his efforts to be in the child's life.
So, any agreement not to be in the child's life and/or any agreement not to seek child support are equally invalid and unenforceable in the court system.
Answered on Dec 15th, 2020 at 7:51 AM
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
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Thank you for your question. Technically, a court order or contract stating that the Father is not responsible for child support or any expenses of the child is not enforceable. That is because New Jersey case law states that the support is for the benefit of the child and, as such, the mother cannot waive the support. However, of course, if the Court never becomes involved, the Court will never know of the "arrangement" between you and the father. However, prior to "giving up" all of your financial rights regarding your child, I strongly suggest you consult with a family law attorney to be clear as to what those rights are.
Answered on Nov 24th, 2020 at 10:27 AM
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