Q: If my divorce settlement says that my ex-husband doesn’t have to pay child support, how soon can I go back to court
We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do I have to wait for that to also seek child support? Or can I take him back to court immediately after it’s signed?
A:
Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would recommend you review your state minimum child support guidelines before entering any agreement, at a minimum.
If you sign an agreemt waiving child support most states have a minimum timeframe that must be satisfied before you can return to court to change those terms. The timeframe may vary from state to state, for example Arizona is one year.
There are exceptions to that rule, but they beyond the scope of any response here.
I would recommend you consult with experienced family law attorney, so you understand the consequences of your decisions. If those services are beyond your financial means there are legal aid services that may be able to assist or answer general questions.
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