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My Final marriage settlement agreement says that no parent has to pay child support will I have to pay?

Carlisle, PA |
Filed under: Divorce

Our final divorce agreement says that we both agreed that neither one of us has to pay child support but I am now this Legal?

Attorney Answers 4


Reber v. Reiss, 42 A. 3d 1131 - Pa: Superior Court 2012 - We recognize that "[i]n Pennsylvania, a parent cannot bind a child or bargain away that child's right to support." Kesler v. Weniger, 744 A.2d 794, 796 (Pa.Super.2000). Nonetheless, we have also held that "under Roberts [v. Furst, 385 Pa.Super. 530, 561 A.2d 802 (1989)], parties can make an agreement as to child support if it is fair and reasonable, made without fraud or coercion, and does not prejudice the welfare of the children." Kraisinger v. Kraisinger, 928 A.2d 333, 340 (Pa.Super.2007).

Child support is usually modifiable until the child is 18 or graduates high school. So the based on the case law, the agreement needs to be worded properly and under special circumstance child support can be waived.

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You can waive alimony in a settlement agreement but you cannot contract away a child's right to be supported. Your attorney should have explained that to you before you signed the agreement.

The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.

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In my experience, not matter how your write your Agreement, child support waivers never hold up, even if , for example, you bargained away the house in exchange for the waiver. It's unfortunate that you're in this situation but in PA you cannot bargain away a child's right to support.

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

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I agree with the other two attorneys here who stated that you cannot waive your child's right to support. However, there are a lot of factors that go into calculating support and an attorney can help with making sure your payments are as low as possible.

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