Legal Question in Family Law in Tennessee

child support

My oldest son's father took me to court when he was 7 to legimate him.At that time child support and visitation was set.My son was very upset when he had to go because he didn't know him, so i hated to see him go so bad.His father & I went to have a paper notorized saying he didn't have to go, & the father would not pay anymore child support or carry insurance on him no longer. Would this paper be legal or would the court order still stand? Because I believe he still should support him even if he was willing to give up visitation rights.Just proves money means more than seeing his son.


Asked on 2/27/06, 8:46 pm

1 Answer from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: child support

IN MY OPINION, THE SIGNED DOCUMENT IS NOT WORTH THE PAPER IT'S WRITTEN ON. YOU CANNOT GO OUTSIDE A COURT ORDER AND MAKE AGREEMENTS ABOUT CHILD SUPPORT. IT'S AGAINST TN "PUBLIC POLICY". COURT ORDERS ARE ALWAYS IN EFFECT UNTIL THE SAME COURT CHANGES THEM. YOU NEED TO GO BACK TO COURT AND ENFORCE THE COURT ORDER AND GET SUPPORT. THE COURT WILL MAKE HIM PAY SUPPORT. BUT THE COURT COULD ALSO NOT GIVE YOU ANY BACK SUPPORT (FOR THE TIME HE DIDN'T PAY) BECAUSE HE (THE FATHER) COULD ARGUE THAT WHILE THE WRITTEN AGREEMENT IS NOT VALID/ENFORCEABLE, IT STILL EVIDENCES YOUR "INTENT" ABOUT NOT WANTING TO RECEIVE SUPPORT.

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Answered on 2/28/06, 10:52 am


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