Imagine this: You and your spouse have decided to get divorced. Normally, the discussion of child support would loom large over cases involving children. But for personal reasons, you both decided in advance not to pursue child support payments — regardless of which one of you would likely be required to pay. At least, that’s your goal.
The question is, will the Court agree to waive child support?
No two divorces are the same, especially when those cases involve divorcing parents. As a result, it is difficult for us to provide a definitive answer for your unique situation. That said, a child support order is required in almost every case to ensure the child’s best interests are protected. And most judges might not consider waiving it regardless of what you and your spouse agree to.
Is child support mandatory, though? No. So theoretically, child support can be waived provided that …
- Both spouses agree to waive child support payments
- The decision is in the best interest of the child
- The judge agrees to waive it
What Is Child Support?
Child support typically involves regular payments made by one parent to the other for the child’s benefit. Typically these payments are made to the parent who designates the child’s primary residence. These payments are court-ordered and designed to provide the essentials for the minor child, such as clothing, food, shelter, education, etc.
These payments generally continue until the child turns 18 or graduates from high school, whichever occurs last. If the child is physically or mentally disabled, the court could order the paying parent to continue support indefinitely.
Physical custody generally determines who pays child support, and payments are calculated based on a percentage of the paying parent’s income. To determine this, the court calculates the monthly net income of the paying parent and multiplies it by a percentage based on how many children need support.
Several factors can impact the calculation, such as income level, children of a prior relationship, or the special needs of the children.
However, if your net monthly income is $9,200 or less, the typical breakdown is as follows:
- 1 child – 20% of the monthly net income
- 2 children – 25% of the monthly net income
- 3 children – 30% of the monthly net income
- 4 children – 35% of the monthly net income
- 5 children – 40% of the monthly net income
Reasons Why Parents Might Not Want Child Support
When parents divorce, there’s a high likelihood that one of them will expect the other to pay court-ordered child support. But what if neither finds it necessary? Though rare, there could be several reasons why they’re thinking this way. For starters, they could have comparable income and an equal possession schedule.
If child support payments are already being made, the receiving spouse may decide they no longer need support from the other parent for various reasons. But again, just because the parents are on the same page doesn’t mean the Court agrees.
Before seeking to waive child support payments, consult with one of our attorneys to ensure your decision is the right one.
Please call Christman Daniell Attorneys, for your legal needs today!
Looking for expert family law services in Collin County, Texas? Christman Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities like Allen, Anna, Blue Ridge, Carrollton, Celina, Colleyville, Dallas, Fairview, Farmersville, Frisco, Garland, Josephine, Lavon, Lowry Crossing, Lucas, McKinney, Melissa, Murphy, Nevada, New Hope, Parker, Plano, Princeton, Prosper, Richardson, Royse City, Sachse, Saint Paul, Van Alstyne, Weston, and Wylie, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman Daniell Attorneys, believe in tailoring legal advice and solutions to your own personal circumstances.
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