Is Child Support REQUIRED?

[AnonymousR]

What is the name of your state? California

My ex is taking me in for custody mediation on friday, she tells me on the phone she DOES NOT want to collect child support from me, and will let them know.

Question is: Will they require it be paid?

She doens't want to receive it, she said she put some checkmark on a box saying "Doesnt want child support" Or some other option when she was filing for custody stuff..

She is not really agreeing on Joint Full/Legal custody right now.. so she'll have my daughter more than me, most likely.

Ralph

 

[seniorjudge]

Parents owe child support to their children; neither parent can waive it for the other parent since it is not the right of the parent, it is the right of the children.

 

[king sol]

Child support is not absolutely manditory, unless welfare is involved.

Family Code 4065 explains....

4065. (a) Unless prohibited by applicable federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court shall not approve a stipulated agreement for child support below the guideline formula amount unless the parties declare all of the following: (1) They are fully informed of their rights concerning child support. (2) The order is being agreed to without coercion or duress. (3) The agreement is in the best interests of the children involved. (4) The needs of the children will be adequately met by the stipulated amount. (5) The right to support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance application is pending. (b) The parties may, by stipulation, require the child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer pursuant to Section 4508. (c) A stipulated agreement of child support is not valid unless the local child support agency has joined in the stipulation by signing it in any case in which the local child support agency is providing services pursuant to Section 17400. The local child support agency shall not stipulate to a child support order below the guideline amount if the children are receiving assistance under the CalWORKs program, if an application for public assistance is pending, or if the parent receiving support has not consented to the order. (d) If the parties to a stipulated agreement stipulate to a child support order below the amount established by the statewide uniform guideline, no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable guideline level or above.

 

[LdiJ]

What is the name of your state? California

My ex is taking me in for custody mediation on friday, she tells me on the phone she DOES NOT want to collect child support from me, and will let them know.

Question is: Will they require it be paid?

She doens't want to receive it, she said she put some checkmark on a box saying "Doesnt want child support" Or some other option when she was filing for custody stuff..

She is not really agreeing on Joint Full/Legal custody right now.. so she'll have my daughter more than me, most likely.

Ralph

It depends upon the judge to a great extent. Some judges simply will not allow a parent to waive child support. Others will

 

[king sol]

Even if the judge orders child support, there is no 'court police' that go checking for check stubs.

A parent is not required by law to accept child support contributions, are they? Even if court ordered!

Only the custodial parent filing a motion with the court for failure to pay support, would cause Dad any trouble.

 

[LdiJ]

Even if the judge orders child support, there is no 'court police' that go checking for check stubs.

A parent is not required by law to accept child support contributions, are they? Even if court ordered!

Only the custodial parent filing a motion with the court for failure to pay support, would cause Dad any trouble.

Not necessarily. In many states these days new child support orders are automatically set up through the CS agencies for payment. Then if the parent doesn't pay, the CS agency eventually goes after them, with or without the other parent's involvement.

 

[BelizeBreeze]

Even if the judge orders child support, there is no 'court police' that go checking for check stubs.

A parent is not required by law to accept child support contributions, are they? Even if court ordered!

Only the custodial parent filing a motion with the court for failure to pay support, would cause Dad any trouble.

And following Sol's advice you could be found guilty of tax evasion, fraud and a host of other smaller statutes.

The point is, regardless of whether or not you REQUIRE child support, the father of the child can still file for custody, support and/or visitation from YOU.

 

[king sol]

In California a custodial parent can terminate any services being handled through a child support agency, in non-welfare cases.

 

[king sol]

What????

Who said anything about committing illegal acts?

Tax evasion???? HUM! You have to lie to the IRS, to be guilty of tax evasion. And...child support is not even deductable in CA.

Fraud????? Mom refusing to accept cs or returning it to Dad...fraud? HUM!
Webster says "intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right".....Mom and Dad agree that they are both financial able to support their children while in their care.

Yes, every parent has a right to support their children. Dad is not proposing he not contribute financially for his children. Quite the opposite, it appears he is hoping for joint custody. Dad will be financially supporting his kids while in his care and probably additional support as well (as needed).

 

[king sol]

TRY READING THE U.S. CONSTITUTION

Our court systems were not established to create "sheep" of Americans.

Courts are to reconcil unsolvable problems. Courts are not intended to dictate our lives by make rulings on all the little details of our everyday operations.

Why America has become obsessed with going to court, as a solution to everything is mind boggling!

Specifically, in this case. The couple can go to court and first will be ordered to mediation, in which they have the right to decide for themselves the outcome of their seperation and it's details. This includes child support, custody/visitation and marital possessions/debt. The couple also have the right to go to a paralegal and write up an agreement of divorce/seperation which include cs and custody. Then simply sumbit it to the court and wait.

That is how my ex and I divorced following eight plus years of marital bliss. We met at a paralegal after agreeing over details of divorce and child issues, both signed and waited the six months, Waalaa.....divorce between adults!