Reinstatement of Child Support

[ncmomma]

What is the name of your state (only U.S. law)? North Carolina

My ex-husband and I have two children. Our son lives with me and our daughter lives with him. My son recently graduated high school and turned 19. My daughter is a junior in high school and is 16. My ex and I signed a notarized agreement last year stating that neither parent would receive child support from the other parent for either of the children. Now that my son has graduated, my ex his filed papers to have me pay him support for our daughter. Can the court order support be paid even though we agreed we wouldn't do that? Does that mean he didn't enter the agreement in good faith? It's not that I don't want to support my daughter but at the same time, he knew when he signed the agreement that our son would graduate before our daughter. Any advice or next step options would be greatly appreciated.

 

[Just Blue]

What is the name of your state (only U.S. law)? North Carolina

My ex-husband and I have two children. Our son lives with me and our daughter lives with him. My son recently graduated high school and turned 19. My daughter is a junior in high school and is 16. My ex and I signed a notarized agreement last year stating that neither parent would receive child support from the other parent for either of the children. Now that my son has graduated, my ex his filed papers to have me pay him support for our daughter. Can the court order support be paid even though we agreed we wouldn't do that? Does that mean he didn't enter the agreement in good faith? It's not that I don't want to support my daughter but at the same time, he knew when he signed the agreement that our son would graduate before our daughter. Any advice or next step options would be greatly appreciated.

Was the notarized agreement filed with the court and okayed by a Judge? Or was this just between you and the ex?

 

[ncmomma]

Was the notarized agreement filed with the court and okayed by a Judge? Or was this just between you and the ex?

It was just between us. But in the past (it's been a long custody case), my lawyer has told me that a notarized agreement is just as enforceable in NC as a court-ordered agreement.

 

[Proserpina]

It was just between us. But in the past (it's been a long custody case), my lawyer has told me that a notarized agreement is just as enforceable in NC as a court-ordered agreement.

Is your attorney forgetting the bit about the court cannot uphold such an agreement, since it constitutes waiving future support?

 

[Just Blue]

It was just between us. But in the past (it's been a long custody case), my lawyer has told me that a notarized agreement is just as enforceable in NC as a court-ordered agreement.

Do you still have the Attorney that told you this?

 

[ncmomma]

Is your attorney forgetting the bit about the court cannot uphold such an agreement, since it constitutes waiving future support?

I have no idea. Is this agreement something I can go and file with the court now even though we signed it last year?

 

[Proserpina]

I have no idea. Is this agreement something I can go and file with the court now even though we signed it last year?

The point I'm trying to make is that a parent CANNOT waive future support. Or at least they can't expect the court to enforce it.

 

[Isis1]

It was just between us. But in the past (it's been a long custody case), my lawyer has told me that a notarized agreement is just as enforceable in NC as a court-ordered agreement.

child support is fluid and can change at any time. there are laws on that. you signed a stipulation according to the terms of the living arrangement at the time.

your son is no longer a dependent. change of circumstance would apply.

and no notarized agreement is valid until a judge signs off on it.

 

[mommyanme]

As my attorney here in NC told me, it is against public policy to force a parent to waive all child support. Meaning either of you could have filed for support the day after you signed that or now. No change in circumstances was needed to invalidate that agreement. Even if a judge had added it to a court order, it is unenforceable, no matter which way you twist it, unless income and needs of children equaled out, someone will pay support. This happens to be one state where judges believe in the equal supporting of children by both parents.