Question:
Do child support laws allow the custodial parent to opt out of receiving child support?
My wife and I are finalizing our divorce settlement agreement in which we both agreed to joint physical custody but she will be deemed the custodial parent.
If both parties agree to no child support, will a judge allow this as long as the child’s needs are taken care of and addressed in the divorce decree?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas child support laws where I am licensed to practice.
Where I practice, a judge will sign an agreed upon order if it is in the best interest of the child.
To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for child support and for modification of the agreement, including variations of the child support guidelines.
In any Final Decree of Divorce, whether agreed upon or not, there must be a Parenting Plan, which lays out the possession schedule of each parent with the child in detailed terms, i.e., dates of possession, time possession begins and ends, places of pick up and drop off of the child, etc.
The Parenting Plan must also include how the child will be supported, such as what costs associated with the child that each parent will be responsible for, which parent will provide health insurance for the child, etc.
Thus, there does not have to be traditional child support payments, which meet the child support guidelines under the Texas Family Code. However, it must be stated in the Final Decree which costs associated with the child are allocated with each parent or how you will split these costs.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jordan Haedicke, an associate attorney in the Austin, Texas, office, contact Cordell & Cordell.
