Legal Question in Family Law in New York
Can child support Payments be waived?
My wifes attorney has indicated that she is willing to settle this divorce action if I agree to sign over our house to my wife, in exchange for waiving all future child support payments from me. Is this possible? I was under the impression that support is mandated by law , and could not be waived. I have two children, 15 and 20.
2 Answers from Attorneys
Re: Can child support Payments be waived?
Child support cannot be waived.
However, child support can be prepaid.
Do yourself a favor and consult with an experienced matrimonial attorney before you sign anything.
For more information, please visit my web site:
www.BravermanLawFirm.com
Re: Can child support Payments be waived?
This is a possibility but it is risky
Because child support may be reviewed by
the Court, in the future, there could be
an application for child support after the
transfer. If she no longer owns the house
at such time, you would be without the
only true remedy if she tries this, namely,
setting aside the transfer of the house
when the application is made
If there is a clause in the deed that says
the house cannot be sold until the youngest
child reaches 21 years, you can protect
against this
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