My property settlement stipulates what child support is if my daughter lived with both parents 50/50. I agreed in the property settlement that if the child came to live with me full time that i would not seek child support. Shortly after the agreement was signed my daughter and her mother had a falling out and the child lives with me full time, rarely seeing her mother. I never dreamed my ex-wife would totally finically abandon her child as she refuses to pay for anything. I have been told that what I agreed to is not legal in the State of North Carolina and that I could never be held to that agreement. We are divorce and the property settlement was made part of the divorce settlement. Can you advise if that part of the settlement is legal/proper and would I be in breach of that contract if I sought back child support and future child support. Thanks.
An agreement that provides for no child support may be unreasonable depending on your unique situation. To play devil’s advocate, as an attorney I would not recommend that a parent who has primary physical custody waive child support. If you can demonstrate that there has been a substantial change in circumstances, you can move to modify (or in this case establish) support. If you are ever in a position where you seek public assistance, the state will pursue child support as compensation for the benefits that you receive.