My STBX and I separated in October 2011. Even though I had very valid reasons for leaving, I am unfortunately very susciptible to guilt and waived a lot of things I should have gotten from him (please don’t judge, believe me I regret it now) including child support. We have 50/50 custody of our child and my STBX’s gross income is about twice what mine is, though he does pay medical insurance. Fortunately, I was able to live with my family for the last 7 months rent free and had no problems providing support for my child. However, last month I wasa able to move us into our own apartment and of course now have bills and rent to pay as well as the usual groceries, clothing, etc. I would like to say that up until recently our separation has been very amicable. I recently requested that we amend our separation agreement and asked for a very small amount of child support and alimony to help my son and I with our expenses. He is hedging and trying to reduce the amount as much as he can. Is there any way to get him to pay child support even though I waived it in our separation agreement?
You can’t waive child support, but you can waive alimony. He owes child support, period.
Thank you for the reply. So even though there is an article in the separation agreement that says he won’t pay child support, he still has to? I just want to be clear before I press him harder for it. Just as a follow up, if I waived alimony (and the pension and stocks) in our agreement, there is very little chance of getting that overturned, correct?
Thank you again.