Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My 14 year old son wants to live with his mother. I'm the primary

Customer Question
parent with joint custody. He...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
5/20/2015
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
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.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
102,687 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,687 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Need help attaching a current child support order into a
need help attaching a current child support order into a divorce … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,196 satisfied customers
I have a closed parentage plan of joint custody for my
Hello! I have a closed parentage plan of joint custody for my daughter. It has been closed one year. However i am needing to file for full custody due to circumstances that I feel she is unsafe with h… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
Florida child support question. Florida. It's regarding
It's regarding payment continueing after child has turned 18 and has already graduated.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If the parties have joint custody one having physical
if the parties have joint custody one having physical custody, but both have 50/50 on visitation , and one is treating to take the other to count to take away only seeing he son every other weekend , … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
I was paying child support for 2 of my children, and the
I was paying child support for 2 of my children, and the mother and I got back together and lived together for a year before deciding that it wouldn't work. She took me off of child support as I was t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
How can the mother change joint custody to full custody? In
How can the mother change joint custody to full custody? In 2014 father and mother were incercarated, she got out in 2015 and the father doesn't get out until 2020. They weren't married but agreed on … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
In an attempt to get mandated child support, father states
In an attempt to get mandated child support, father states if mother goes through with it he will file for custody and site mother's misdemeanor drug charge from several years ago, during a phone conv… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
102,687 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
The mother of my children took me off child support when i
The mother of my children took me off child support when i living with her. I moved out to find a better job and so that i could be closer to my job. I want to know if it permanent. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers
Currently I have a temp joint custody Agreement wth my
Currently I have a temp joint custody Agreement wth my daughter father and the judge grant me dominate parent . He then filled for joint and him as dominate parent . He has been in and out her life mo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
Can Georgia state child support withhold child support from
Can Georgia state child support withhold child support from a parent for any reason? This is regarding the father's tax return money....my daughter says they're holding it. They also will not tell her… read more
Ely
Ely
Counselor at Law
102,687 satisfied customers
We share joint custody of 2 granddaughters with the other
We share joint custody of 2 granddaughters with the other grandparents since Aug. 2011. Our son passed away March 2013. The mother has been in at least 12 to 13 rehabs since 2002, the last being in 20… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
My child is 19 and mother never asked for child support. is
my child is 19 and mother never asked for child support. is it too late? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
Texas mother and I have joint custody she recently died and
Texas mother and I have joint custody she recently died and grandmother has child how can I get them back… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x