If I have a Marital settlement that I have waived my rights to child support. May I still be able to file for child support regardless of the Marital settlement?
The Circumstances are different than when the Marital settlement was completed and great pressure was being exerted just to end the marriage.
The ex spouse is able to pay for beach trips and expensive clothing, while I am doing my best just to provide clothing because of the income disparity.
It is extremely rare that child support can be waived, because child support belongs to the child, and not the parent. If you believe that your child may be entitled to support from your former spouse, I strongly suggest that you speak with a family law attorney to discuss the specifics of your case and to learn what support may be available.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.
It is not likely that child support can be waived as it is the best interests of the child, and not necessarily either of the parents, that is of the court's primary concern. Once a petition to modify child support obligations is filed the judge will decide whether there has been a material change in circumstances that justifies modifying support obligations. If the judge finds that there has been a material and substantial change in circumstances, the order may be increased or decreased depending upon the respective incomes of the parties, consistent with the support guidelines and each party's custodial time with the child at the time the modification petition is heard. The court will not necessarily favor the party that filed the petition to modify the child support award.
You will want to have documentation supporting your current employment status if it is different than it was at the time the original settlement. You will want to have documentation showing the amount of custodial time you spend with the child. Assuming that there may be a material change in the circumstances the court may use the standard formula and guidelines to modify the support obligations between each party. Consulting a family law attorney is recommended to explain your options.
Your waiver was temporary in that you can file at any time to modify (establish) child support. Any agreement to waive child support indefinitely is not enforceable.
A parent cannot waive child support. It belongs to the child and can be filed for at any time.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline