If I legally agree to cancel child support in Miami-Dade County, FL, can I reopen the case again?
Question Details:
I had a child with married man. He pays child support.
I plan to marry someone, this someone wants me to legally cancel all child support. If my future marriage doesnt work out and I see myself in financial need, can I reopen the case and make the father of my child pay child support again? After cancelling all child support can I do anything in the future to get it again? How can I protect myself and my child?
Child support is something that is a right of the child, not you. You would have to convince that Court that not receiving support would be in the best interest of the child. Not going to happen. The only way would be for your new husband to adopt the child, and that would take the consent of the father. Of course, if you then get divorced, your new husband then has the obligation to pay child support. The real basic question is, why is this child support any business of your proposed new husband. Here your first obligation is to your child. If this man cannot understand and accept that, you should look elsewhere.
First, you need to find out if you can cancel the child support. Remember that parents cannot do anything that may harm the child. Even with married couples during a divorce, they cannot agree to cancel child support. So I doubt that you even have the right to cancel the child support payments under state law. If the father of your child can and does pay child support, then why do you want to jeopardize that? The man you are marrying is not legally obligated to support your child since he is not the biological father. I don't think any court or state agency would allow you to cancel the child support under these circumstances. Your child is legally entitled to receive child support from his father.
