New Jersey Child Support Attorney Q & A: Can My Ex Ask Me For Child Support When We Agreed There Would Be None In The Divorce?

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By Kevin Falkenstein, Esquire

New Jersey Family Law Attorney, Kevin Falkenstein, Esq.A: Yes.  In New Jersey, child support is the right of the child, not the parent’s right; therefore, divorced parents may not permanently waive child support.   If a parent agrees to “waive” child support during New Jersey divorce proceedings (i.e. as part of a settlement agreement), this waiver is essential unenforceable.   As a result, there is nothing preventing that same parent from returning to Court in future and asking for child support.  The Court may, however, re-open a settlement agreement if the Court finds that the waiver of child support was expressly conditioned on another part of the agreement.  For example, if Husband waives his right to receive alimony on the express condition that Wife will not ask for child support, and then Wife later asks for child support, than the Husband may have the right renew his claim for alimony.

New Jersey Family Law Attorneys Help Divorced Parents Resolve Child Support Issues

New Jersey child support matters are complex and can be an emotional issue surrounding divorce. Changes in a child support or a settlement agreement require the knowledge of an experienced and compassionate divorce lawyer. If you are facing divorce or a child support matter, contact the New Jersey family law attorneys at Adinolfi & Packman. We are conveniently located in Haddonfield, New Jersey, and our team of divorce and child support attorneys has represented clients throughout Camden County, Burlington County, Cumberland County, Gloucester County, Salem County and Atlantic County, including the communities of Cherry Hill, Moorestown, Mt. Laurel, Voorhees and Haddon Heights. Call us today at 856-428-8334 to discuss your New Jersey child support issues so we guide you on how best to proceed, or contact us online for more information.


Kevin Falkenstein, Esquire, is an associate at the Haddonfield law firm of Adinolfi & Packman and focuses his practice on family law matters including divorce, alimony, child custody, child support, domestic violence and civil unions.