Legal Question in Family Law in Indiana

verbal agreement on child support

my daughters' mother said on tape to me on the phone that she did not want child support nor did she need it. Since we both agreed she does not need it can that over ride the court order to pay it?


Asked on 4/25/04, 6:17 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: verbal agreement on child support

Parents obligated to pay child support who argue with the custodial parent to the point where the custodial parent says it is okay not to pay support are in the wrong when they do not pay the support. If you have an order for support you must pay the support whether the custodial parent wants it or not, says he or she does not want it, or even puts it in writing that there is no payment due. The Court will never honor such an agreement. If the custodial parent later goes on welfare, the system will collect all past due support and potentially sentence the parent obligated to pay to jail for failing to pay. In other words, it is a meaningless agreement no matter how it is recorded.

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Answered on 4/27/04, 1:01 pm


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