My wife and I are settling our divorce out of court and we agree that a child support order is not necessary. Can we put in the final agreement that neither of us will pay child support to the other?
I do not practice law in your state and therefore cannot provide you with specific information or procedures. However, I can offer you some insight to your situation to be discussed with a family law processional whom practices in your jurisdiction.
Typically, the court will permit the parties to agree that no child support will be paid to either party. You may wish to include language that explicitly waives child support on behalf of both parties. The court will likely approve such an agreement if it appears as though both parties can still financially provide for their children.
However, it is important to note that if your state’s laws are similar to Pennsylvania law (where I am licensed to practice law), a party may still later file for child support or file a child support modification even if they initially agree to waive child support.
The court may consider a change in income or living expenses or child’s activities as a change in circumstances that would warrant an award of child support or a modification of an existing child support order. Please note that some states do not change a party’s support obligation until a modification is initiated even if the change of circumstances occurs months before.
Again, this is something that you should speak with a family law professional in your jurisdiction about as I am not licensed to practice law in your state.
I cannot provide you with legal advice so please consult an attorney licensed to practice law in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.