Can you not pay child support if you and your Spouse Agree on it?

Question

It's a weird ? but i was wondering if the person who get custody of the child doesn't want to receive child support can the court force you to pay it? I would think that you should be able to choose exspecially if you didn't want the other person in your childs life or your own. Also is there less child support when there is split or joint legal and physical custody. I know there are different laws in different states but i havent seen any info on these ?'s

Answer 1

If both of you agree that you are not to pay child support, then in my state, the courts can not force you to pay. Unless something changes later, like the mom losses her job and needs child support to help her feed your baby until she finds another one. Then you would have to go back to the courts to have it reheard. But otherwise, nope, not in my state! (Minnesota)

Answer 2

Certainly, if it is in the custody agreement, then it would not be required. The custodial parent can go back and ask for it later if conditions change.
What to not do is have it as a written requirement in the agreement, and then the two parties agree verbally the payer does not have to pay. The payer should at least set the $ aside in an account. My wife's friend married a guy whose exwife had told him he did not have to pay child support, and then 8 years later when she remarried, her new husband found the custodial agreement where it said the father had to pay. He had the exwife go to the Child Support enforcement unit and ask for child support---but instead of just having him start it then, he got a judgement against him for the 8 years of back child support he did not pay. He now holds two jobs, and his new family is struggling financially because the payments are so great.

Answer 3

In Australia, they have to pay child support even if you don't want them to UNLESS you can prove that any further contact with the other parent is dangerous to you or to the child. That's a slippery road to go down, especially if you change your mind one day in the future. Usually the other parent will always have the right to see their child and if they want to in the future, even if they don't want to now, they'll be able to. Remember also that the child has the right to be supported by both parents. If the other parent can offer more to the child's life by providing financially, perhaps you should let them go ahead and be made to provide it.
If you can prove that the other parent poses a real danger and you think that child support would make that more of a danger, and if you can prove all of that, then you would be able to get them let off from paying it. But I have found it's so much better just to play by the rules from day one. And if you happen to stretch the truth about anything at all, make sure you write it down somewhere. Remember that even if you trust the other parent now, at some point they may change their minds and want part-custody too. Men aren't always trustworthy. Good luck.

Answer 4

If the judge does order it, the other person does not have to pay if they have an informal agreement.
The only problem will be if the other parent decides to challenge it years later and the non-paying parent is taken to court and the parent who was supposed to pay is held in contempt and forced to pay.
So long as the supposed recipient does not complain to the court there would be no problem, but things could change.
I do not know about the rest but think that if there is joint custody there may not be support going in either direction unless one makes far more than the other.

Answer 5

Whatever you do get both parties that agree to it to have a court order specifying that child support does not have to be paid. Do not just stop paying the support with out taking care of the paper work first...it could really cause problems later...

Answer 6

My first husband & I excluded F.O.C. (Friend of the Court, our local child support agency) during our divorce. We had to write letters to the court priokr to the finalization date. The Judge was okay with our choice but did advise that if I had changed my mind & wanted child support at a later date that it would not be retro active. This was in Wayne County Michigan. Good luck!!

Answer 7

I courts will only intervene if the custodial parent receive support from the state...other than they they have no way of forcing a support order.

Answer 8

If you dont go to court, there will not be forced child support, you can make your own terms if the law doesnt get involved, and that is true in Any state.

Answer 9

if it is an equal agreement, the court do a field report in cases in voling young children the decision is not left up to the parents.when a child is in their teens then the court hears from the child as to which parent they wish to live with and why ,but the court can over rule agreement if it doesn't think it's to the best interest of the child

Answer 10

The custodial parent can wave their rights for child support, but remember they can have it added back in later on. No back support can be issued though because they voluntarily waved the rights.