Child Support Question


#1

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?


#2

You can’t waive child support, but you can waive alimony. He owes child support, period.


#3

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.