Q: My wife's divorce agreement says he waves the right to collect child support. How can the state make her pay him now?
She gave up custody because she couldn't afford to raise them in the manner they were use to. He recently went on welfare for a few months while he was sick. The state took her to court. Now he is working and she is still paying $250wk. He agreed not to collect child support and the gudge signed off on that. How can the state change that order? Now that he is back to work should she petition the court to reverse the child support?
A: Both parents are under the legal obligation to support their children and child support cannot be waived unless there is an alternate methodology for their support that the Court specifically approves of. If he is working your wife can investigate whether there should be a Modification of child support based upon the Child Support Guidelines. The Guidelines will be changing next month as well. Therefore she should contact a divorce or domestic relations practitioner as soon as possible to review her case.
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