Legal Question in Family Law in New York

Non-Married Persons Written Agreement

My girlfriend and I have a child together, and have reciently separated. She wants full custody of the child, and I have agreed to that, on the condition that she agrees to forfeit any child support payments a court may award her, which she has agreed to do. Would it be possible (and legal) to sign a document to enforce that verbal agreement between us? Would that document hold up in court, or can it be circumvented after it is signed?


Asked on 9/14/02, 12:06 am

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Non-Married Persons Written Agreement

The "agreement" to which you refer is unenforcable, as contrary to public policy.

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Answered on 10/12/02, 9:18 am
John Hayes The Law Office of John M. Hayes

Re: Non-Married Persons Written Agreement

What you sketch is contrary to the applicable laws - - state & federal - - and, therefore 'doing' it is a legal nullity. the "essence" of the underlying theory is that the fundamental RIGHT to the support is the child's and cannot be waived by the mother. Put otherwise: such an agreement would be illegal and unenforceable.

Regards, etc.,

J.M.Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 9/14/02, 2:30 am


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