Legal Question in Family Law in Massachusetts

child support

my ex wife asked me to sign a quit claim deed for the house in exchange would have child support stopped I owed 10.000 and she got 75.000 for my half .we had a written agreement to give the kids money. she never gave them a penny, nor did she stop support.can i take her to court for this?


Asked on 4/04/08, 6:38 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: child support

I don't know about Florida law, but a parent can not bargain away or modify his or her child's support payments (w/o arrangement from the court). I am also dubious about the sufficiency of writing off child support as consideration for the sale of a home.

Notwithstanding, your wife MAY have committed breach-of-contract and fraud-in-the-inducement, among other things. It appears she made fraudulent statements in order to induce you to enter into this contract with her.

Depending on where the home is, you will probably want to seek a local attorney.

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Answered on 4/04/08, 9:54 am
Joseph Murray Joseph M. Murray, Esq.

Re: child support

Only the Court that made the Child Support Order can modify it. Regardless as to what agreement the parties make, the court must approve it as in the best interest of the children. Take the agreement you made to the attorney who represented you in your divorce or some attorney to advise whether there is still time to ask the Family Court to enforce it in a form that is in the children's best interest. Good Luck!

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Answered on 4/04/08, 10:42 am


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