Hello, I am legal expert at Justanswer and I will be helping you with your question today.
First the court will not modify on this basis
second, filing wont discharge your child support obligation
the better option is to ask the court to modify on basis of lack of financial means to pay
I trust the information is fast and direct. If I can clarify anything, let me know. When ready, Please click ACCEPT so I can get credit for your answer. Leaving a Bonus and Positive Feedback is not required but very much appreciated.Have a great week!
I'm not asking my lawyer to modify this based on child support rather on the fact that my son and I want to be together more, and want an equal agreement. So if my lawyer asks to modify on the basis of lack of financial means to pay that would be helpful - My lawyer is skilled, but on vacation now. Is it common for women to have to pay child support? My ex-husband skillfully got a public defender that was on his lawyer's side to back them up, and would not settle for an equal weekend agreement.
Thanks for clarifying. I would make the application but hold off on bankruptcy that may suggest to the court lack of responsibility or means to care for the child
OK - I will mention that to him - I had to get another lawyer that will handle this whole thing, and he was not the one that settled for the verbal agreement in court. Is there any way that a legal agreement can be changed that I did not sign, but went before a judge, and the other lawyer drew up the papers. I had no say, and also, didn't fully understand. My ex-husband didn't full understand either, but did agree to this, too. Thanks - I will click accept in your response to this.
If you did not sign it can be changed
provided the judge did not issue an order, and even then the court can reconsider
Really - I did not sign anything, but we went into a judge, and it sounded like a legal order with child support and visitation mentioned although I didn't realize what happened. I thought I would see it first, and not be made to accept it if it's not in writing.
It likely is an order in open court so you should first find out if there is an order and can always ask the court to reconsider
Before I accept this, in asking the court to reconsider would I look funny if I agreed to something, but didn't agree later.
Not funny at all
in these issues, people often misunderstand and seek changes
this is not a contract, but a sensitive and personal family issue
Thanks - I'll accept your answer - I would like to reconsider - I was the one that had my son 20 nights out of the month, and now his dad has that schedule. It's hard to take, and my son doesn't like it either.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).