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Can the wife file for child support even though she signed an agreement in a pending divorce action?

Can the wife file for child support even though she signed an agreement in a pending divorce action?

Q: What happens if the child support agreement is not approved by the court?

If a child support agreement is not approved by the court, it may not be enforceable. The court will assess the situation based on state laws and the child's needs. This means that even if both parties agreed to no support, the court may still impose a child support order to ensure the child's welfare.

Q: Can child support be modified after a divorce?

Yes, child support can be modified after a divorce if there is a significant change in circumstances, such as changes in income, employment, or the child's needs. The party seeking modification must file a request with the court, which will review the case based on the current situation and applicable laws.

Full question:

can the wife file for child support even though she signed an agreement during the divorce stating no child support?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Delaware

Answer:

The parties to a divorce may agree on matters affecting the property of the marriage, children, support, etc. However, generally until the agreement is approved by the Court any provisions dealing with child custody, child support and other matters effecting the children such as visitation are not final. There are also laws dealing with child support that control the amounts required.

See http://courts.delaware.gov/forms/download.aspx?id=39228 for information dealing with child support. Some of the provisions in this document may have been updated since it is dated 2014.

See also online Delaware childe support calculator. http://courts.delaware.gov/family/supportcalculator/Disclaimer

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a no-support agreement be enforced in court?

A no-support agreement can be considered by the court, but it typically requires court approval to be enforceable. Courts prioritize the best interests of the child, and if circumstances change, the court may modify support obligations regardless of prior agreements. It's essential to consult with a legal professional to understand how your specific agreement may be viewed by the court.

What happens if the child support agreement is not approved by the court?

Can child support be modified after a divorce?

What factors does the court consider for child support?

The court considers several factors when determining child support, including the income of both parents, the needs of the child, and any existing agreements. The goal is to ensure that the child's financial needs are met while also considering the parents' ability to pay. Each state may have specific guidelines that influence these decisions.