Legal Question in Family Law in Virginia

Rights of Home

On my divorce papers Im giving up rights to my home provided my husband doesnt get child support. He is now saying that hes going to request support. I have not signed off on the house yet. Can I still get my share of the house due to the fact that in the papers he stated and agreed he would not come for child support..? I feel since I havent signed off on the house with the morgage people that I can back out of the agreement due to the fact that he signed the papers agreeing to what was in them. Please help here in VA....Thanks


Asked on 4/16/01, 3:33 pm

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Rights of Home

This is precisely why individuals should not draft separation agreements without an attorney. You can never contract away a child's right to child support. Even though he signed an agreement which says he won't...he can! This is because the court views itself as the parent to the parents and will order child support even over the objection of the parents. To make matters worse, if you signed the agreement you are bound by the terms (such as the house) even though he is now suing for child support. However, there may be some provision in your agreement that could allow you to break your obligation with regard to the house. It is difficult for me to say without actually reading the agreement.

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Answered on 6/14/01, 10:23 am


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