Ocean Springs, MS asked in Divorce, Child Custody and Child Support for Mississippi

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?

1 Lawyer Answer
Paul Ylvisaker
Paul Ylvisaker
  • Divorce Lawyer
  • Sierra Vista , AZ

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.