• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Waive child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

wpanther

Guest
What is the name of your state? LA

My husband and I are in agreement with everything concerning our divorce and my having custody of our 1 year old. I want to waive child support. Can I do this?
 


B

bethdetroit

Guest
I am not sure if you can waive child support but as long as you are not on state assistance and have medical insurance for the child thru your job or your ex's job then you can ask that child support be paid directly to you and you can also say that you only want $25 or so and then even if you still dont want the money you can just not make him pay it and then just allways tell the court that he is up to date on his payments.
 
F

firebird01

Guest
So have you gone to court already to establish your custody and has he been ordered to pay child support already? Or are you just in agreement about this before going to court?

I think it is wonderful that the two of you can do this peacefully; however, child support is supposed to be for the welfare of the child, so why would you want to waive it? Circumstances may change down the road and even though you may feel that money isn't needed now, it could be later on. You could always put that money aside for a college fund, etc.

If you haven't gone to court yet, then I am not sure if a judge will let you waive it. Part of it may depend on how much parenting time your ex spends with your child, i.e. how many, if any, nights out of the week/month your child spends at his house. Even if you don't want the money, you ex has a responsibility to financially provide for the child too. If the judge does order child support and you still really don't want or need it, then just send your ex back any child support money that he pays each month. That way he's not violating any court order, and the court does not need to know you have returned the money to him.
 

haiku

Senior Member
The only reason people 'have" to pay support is because they get the state involved in some way. If there is some way to not have support put into the divorce agreement than go for it. Other than that he can write you the check and you can cash it and send the money back to him.

In this way down the road, if you were to take him to court he would have "proof" of payment, and he would not get stuck with a huge arrearage.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top