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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23976
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Prior to my divorce I signed a WIC document stating I would

Customer Question

Prior to my divorce I signed a WIC document stating I would pay $1000 a month till my child was 18. Now I am divorced and need to pay the court order. How do I void the document that states I will pay $1000/month?
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 10 months ago.

Good evening. Why did you sign this prior to the divorce and what was ordered by the court? Are you saying you are noe essentially pay two child supports?

Customer: replied 10 months ago.
I signed the document to help my ex. We have not gone to court for child support yet. No court order as of yet.
Customer: replied 10 months ago.
The divorce was finalized this week but we have been separated for moor than a year.
Expert:  FamilyAnswer replied 10 months ago.

Why do you now not want to pay the $1000? That is what I am trying to determine. You shared you signed this and agreed to pay $1000 a month until the child turned 18 but now do not want to do this? Also, if the divorce was finalized, was child support not addressed?

Customer: replied 10 months ago.
No child support has not be addressed as of yet because the mother of my child and my child moved out of state. The $1000 is all of my housing pay as I am in the military. I would like a more manageable payment and didn't think she could use this document against me. I just thought I was helping her.
Customer: replied 10 months ago.
Is there a way to not have to pay the $1000?
Expert:  FamilyAnswer replied 10 months ago.

Allow me a minute

Expert:  FamilyAnswer replied 10 months ago.

I think we may be talking about different things, so I want to make sure we are on the same page. Women Infant Children (WIC) is a federal funded program implemented by the City of Chicago Department of Public Health that provides pregnant, breastfeeding, postpartum women, children and infants with nutrition assistance. What exactly did you sign

Customer: replied 10 months ago.
I signed that agreement because of two things. 1) she said she needed it on paper in order to get WIC and 2) she was threatening me that if I didn't she would get me in trouble with the military. She was saying that I was supposed to pay her that much or I would get in trouble. I didn't know any better at the time and in a moment of panic to not get in trouble I signed it. No I do not want to pay $1000 a month until she is 18 because it is one child, not 4. Most people who are paying child support for one child aren't paying $1000. All I want is to pay the same as anyone else in my situation would be expected to pay.
Expert:  FamilyAnswer replied 10 months ago.

Thank you for the additional information. If you signed this document without understand the legalities of it, then you need to use that as a basis to void/vacate it. I am not sure where she came up with the $1000 amount or who she turned the paper into but your obligation to pay would be if there was legal effect to it. You shared that no child support has been ordered, so this was not court ordered, so if this document/agreement was turned into the State, you would need to speak with them about modifying it, to an amount which you can afford, based upon your income. If they ask why you agreed to this and signed it, you can share that it was a result of her threats. You would want and need to show that 1) you can not afford this and 2) were forced and pressured into signing it, without understanding what you agree to and 3) that you need an amount calculated under state guidelines.

Customer: replied 10 months ago.
Her threats were verbal and made over a year ago. I can't show any evidence of it. Same goes for being pressured into it. I can't show that she called my 1SG. I don't have access to that anymore.
Expert:  FamilyAnswer replied 10 months ago.

You would have to make a statement and provide it, in writing, to evidence this and ask that they consider it. Also, if you can show that you do not have the income for this, then it needs to be modified.

Customer: replied 10 months ago.
What constitutes as me not being about to afford it? If I do pay it and am able to pay all my bills but with only a few hundred dollars left over each month, is that "not being able to afford it? Because I notice that when I do pay her that much I have a few hundred dollars left over each month but she can afford new furniture and who knows what else. Is that taken into account? Is it taken into account that she is making and extra $12,000 a year and buys new couches while I am having to hope my car doesn't break down?
Expert:  FamilyAnswer replied 10 months ago.

The amount should be based upon the needs of the child. As such, you want to show that those needs can be met for less and that once your basic expenses are paid and you pay this, you are left with little to nothing. If the State is holding you to this, you need to contact them in the morning regarding the modification process.

Expert:  FamilyAnswer replied 10 months ago.

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Expert:  FamilyAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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