Legal Question in Family Law in New York

Can child support Payments be waived?

My wifes attorney has indicated that she is willing to settle this divorce action if I agree to sign over our house to my wife, in exchange for waiving all future child support payments from me. Is this possible? I was under the impression that support is mandated by law , and could not be waived. I have two children, 15 and 20.

Asked on 6/24/01, 10:43 am

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Can child support Payments be waived?

Child support cannot be waived.

However, child support can be prepaid.

Do yourself a favor and consult with an experienced matrimonial attorney before you sign anything.

For more information, please visit my web site:

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Answered on 6/29/01, 9:18 pm

Re: Can child support Payments be waived?

This is a possibility but it is risky

Because child support may be reviewed by

the Court, in the future, there could be

an application for child support after the

transfer. If she no longer owns the house

at such time, you would be without the

only true remedy if she tries this, namely,

setting aside the transfer of the house

when the application is made

If there is a clause in the deed that says

the house cannot be sold until the youngest

child reaches 21 years, you can protect

against this

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Answered on 6/29/01, 10:00 pm

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