Legal Question in Family Law in New York
child support
My ex-husband and I have been divorced since 1997. Recently, he signed a document waiving part of my pension due to him and I signed a document waiving all future child support and owed child support. I have custody of our two children. The document also states that neither one of us can apply for child support in the future. My question is that now my 16 y.o. daughter is living with her father in New Hampshire and I moved to Mass. from New York where the document was signed and where a NY judge signed it into our divorce. He now has been applying for food stamps/welfare as he is disable and collects social security. Welfare is now trying to get child support from me for my daughter who is now living with him. Does my New York document hold up in New Hampshire?? Can they force me to pay child support??
2 Answers from Attorneys
Re: child support
I agree with Phroska. Notwithstanding the terms of your divorce, as it relates to child support, the best interest of the child always takes precedence. If Welfare can identify one parent who has the ability to pay child support, they will seek same from that parent.
Re: child support
Unfortunately, IT IS possible that a "child" Welfare agency can succeed in obtaining child support from you, despite your divorce stipulation, "waiving same."
Your divorce stipulation and "waiver" may only mean that neither of you (the parent's) can Petition the other for child support. It probably does not mean, that ANY AND All CHILD support that could possibly be due and owing was already paid
Please note, Child Support is "personal" to the Child, and NEITHER parent can "waive" a child's right to child support from EITHER parent.
Good luck,
Phroska L. McAlister,ESQ
.
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