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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I recently got served papers to start paying child support

Customer Question

I recently got served papers to start paying child support from my ex. We have been divorced since early 2013 In the original divorce papers we opted out of pursuing child support, ever! Since then she has been remarried and divorced. Her 2nd husband which to me, she didn't allow enough time to get to know them ended up mistreating the boys. She ended up leaving him but also have put multiple partners in their lives as well. I feel like she has failed to show a positive parental influence by putting the boys through that. Also I'm currently unemployed and going to school to further pursue my education. My questions are how is she able to get child support with opting out factor of a binding agreement in the divorce papers, where I added the word "EVER" and got it notarized? 2ndly, how are they able to void the pursuing child support agreement? Almost makes it sound like if they can throw it out then am I still married? 3rd, Should I try to pursue custody for them to get them out of that environment as I can also put them around more family instead of daycare and after school watch? She has 1 family member near by that's within 20min yet they cant get along so even her sister refuses to help her. Also been told they would use the income i made 6 months ago b/c I showed potential to make that. I have moved from that area and I won't be able to see that type of income again. Thank you for your time and replies on the matter.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

While you can opt out of current child support, the law never allows you to opt out of future child support. The reason is that child support belongs to the child, not the parent. So, any provision that intends to waive child support in the future is invalid. This does not automatically invalidate all the other orders. If you would not have agreed to other financial orders if you had known that provision would not be valid, you can seek to invalidate the entire settlement.

With regard to custody, if you believe the children would be better off iving with you, and you base this on a change in circumstances with regard to the children's best interest, you may seek a modification.