Legal Question in Family Law in California
should I sign the paper?
I am getting full legal,physical custody of my 15 yr old son, but only if I sign a paper saying she doesn't have to pay child support. I have paid every month since the divorce, and don't think this is fair. If I don't sign, I will mot get custody of my son, and have to go back to court. My suppose my question is: If i sign this agreement, can I later change it once I have custody of him. She makes alot more money than I do? Her brother is her lawyer. thanks
1 Answer from Attorneys
Re: should I sign the paper?
If her brother is advising her, he's not a family law attorney.
Waiver of child support is against public policy and not enforeceable.
Does the 15 year old want to live with you. If so, you could simply file a motion for change of custody and for support. 15 year olds generally get to go where they want, assuming everything else is "normal".
You could sign the stipulation and then a few months later file a motion for child support. She will file a companion motion for custody back to her, but if the child is doing well with you and wishes to stay, that will fail.
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