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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100047
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 14 year old son wants to live with his mother. I'm the primary

Customer Question

My 14 year old son wants to live with his mother. I'm the primary parent with joint custody. He has been with me for 12 years without her having to pay child support. I'm looking for a document or something for her to sign saying that she will not ask for child support from me once he lives with her.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Private agreements between parties about child support are not binding.
And, private agreements between parties in conflict of a standing order are also not binding.
Which means that if the two parents sign a document that states that (a) the child can come live with her and (b) she will not ask for child support, neither of these clauses would be enforceable.
Then how to execute this?
The two parents have to file a joint modification of custody petition with the court. See here. The link is meant for a contested modification, but it will give you a good idea of how a modification is done, anyhow.
One the Petition for Modification of Custody and Support is filed, it should be set on an uncontested docket with the court. The petition should reflect that NO CHILD SUPPORT is to be paid, and, that custody is transferred to the mother.
Then, the Court will sign off on it and it will be binding.
However, without going to court, one has no guarantee that any private agreement cannot be reneged by her.
In addition, know that she can still ask for child support later, but she would have to prove that there has been a "significant change of circumstance" since the original modification to warrant her request, such as her losing her job. Unfortunately, there is no way to permanently ensure that she cannot ask for child support later, but it does not mean that the Court will approve it if she does.
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