Can a mother waive a child’s right to child support?

UPDATED: Aug 24, 2011

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Can a mother waive a child’s right to child support?

A girl I ve been seeing is pregnant. She lied to me about being on birth control and also said if anything happened she’d get an abortion which she also lied about as she is keeping the child. I am a possible father out of 2 people. In talking to her, she said if that if I got a document made up she would sign it saying I don’t have to pay child support in the event that the child is mine. Would this document hold up once the child is born?

Asked on August 24, 2011 New York


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good morning,

Thanks for posting to our website and I hope to offer some guidance. To get right to it the absolute best advise I can give you is that you need an attorney. You both can write up a document and sign it hoping it holds up. It may but family court frowns upon parents not paying for their children to live. If she ever wanted to contest it there would be a good chance it would not hold up.

your best bet is to have an attorney draft the document and for her to have her own attorney. This will ensure if ever necessary you can show both parties had legal counsel, understood their rights and what was being waived.

Otherwise you can handle it yourself but it leaves a large opening for future potential problems.

Good luck

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