Legal Question in Family Law in Oregon

Re: Child Support

No, there is no such document. Agreemens between parents whereby one promises the other (other both promise each other) not to seek support from the other are generally viewed as being in violation of the public policy that requires parents to be responsible for supporting their children. Such agreements are therefore enforceable in the event of a breach of agreement.

Suppose you have the agreement you are seeking and then, three years from now, she runs into extreme financial difficulty and has no money sufficient to take care of your child. What then? You are going to argue that she cannot come after you because of the agreement?? So what does she do? Apply for public welfare? If that is the case, then the taxpayers end up footing the bill to support your child. Frankly, as a taxpayer, I resent the idea that I should end-up having to support your child simply because your ex-wife promised you that she would not look to you in the future. Looking back ont his, maybe your ex-wife should have consulted with me (and all the other taxpayers) before entering into the "no support" agreement with you.

At best, if only for the psychological effect it may have on your ex-wife, you might want to draft a contractual agreement providing for a waiver of the right to seeking future legal action for support. Something along the lines of"

"In consideration of father paying mother $1,000 (receipt of which is acknowledged by mother), mother hereby waives all legal rights that she may otherwise have to commence legal action, whether administrative or judicial, for the purpose of establishing, modifying or reinstating obligations of child support on father for the benefit of Junior."

Or words to that effect. May not be enforceable in court, but may nonetheless may cause mother to feel that she is bound by the agreement. And should that be the case, it will have served its purpose.

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LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]