My divorce settlement with my “ex” husband was supposed to be final; it said at the end “neither side has any further claims against the other.” At the time I agreed to very low child maintenance. Am I bound by it or can it be increased ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022
Your situation – where two parents or guardians make an agreement on child maintenance – is different from one where two sides battle the matter out in court and the judge decides on the matter. Where the parties present an agreement to court for authorisation and the matter is never fully discussed in court, then such agreements are never final. Usually, the child/ren involved was/were not a party to the agreement, and therefore is/are not bound by it. The parents/guardians are supposed to agree , acting in their child’s good. Thus, if the maintenance you received is not high enough, your child/ren can file for maintenance from their father in their own right, through you, irrespective of the wording you mention.
It should be noted that judgments relating to the maintenance of minor children are also not final.This is an exception to the rule that judgments are final after the deadline for submitting an appeal has passed or where the appeal was submitted on time , but rejected.