Can a separation/divorce agreement dictateno child support?

UPDATED: Sep 15, 2011

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Can a separation/divorce agreement dictateno child support?

I signed our separation agreement that states that neither party will ask for child support because my attorney friend told me that it would not be enforceable in NC, that child support is calculated using a formula. The papers were recorded 15 days ago and I have 30 days to appeal before the divorce is final. Have I made a mistake? If I need support in the future, can I appeal it?

Asked on September 15, 2011 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would speak with an attorney in the area as soon as you possibly can.  Your friend is correct: child support is statutory and generally speaking it can not be waived.  It is not your right to waive and the courts will not generally grant a divorce without the paperwork necessary, and child support paperwork is necessary.  But I would double check and see what you need to do.  I am surprised that the courts even took the paperwork for the divorce with out the child support worksheets attached.  So that is why I am telling you to get help now. You need to make sure that things are properly done.  Although I am sure that you could bring a separate action for support it is best to do it all at once. Good luck.

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