When parents enter into an agreement about their children and child support, the parents are surprised to find that they Court will not let them waive child support. The parents are surprised when the Court says; “no, you may not waive child support” and refuses to order their agreement. The parents believe that the agreement is only between them and does not concern the Court. Not so.
When parents enter into a courtroom and seek judicial approval of an agreement for custody and parenting time, the Judge, is like a third party. The prevailing belief is that if the law requires child support, it needs to be paid.
A parent may not waive his/her right to child support. You may, with Court approval, reserve the child support matter for another date.
If the parents have equal parenting time, but unequal incomes, child support still needs to be paid.
There are occasions when no child support is paid, but those occasions are for a very good reason and with Court approval. A parent may not simply waive receipt or payment of child support, even if both parents want to waive child support.
