Can Child Support Be Waived in Florida?

By Brenna Davis

Child support is the money paid by each parent to contribute to a child's normal expenditures. When parents share custody, each party may be required to pay for certain expenses. When one parent is the primary custodian, however, the noncustodial parent typically pays child support directly to the custodial parent. While the custodial parent may choose not to take a non-paying parent to court over child support, child support cannot legally be waived because it is considered a right of the child, not the parent.

Child Support Basics

In Florida, child support obligations are calculated according to each parent's gross income less medical and other extraordinary expenses. Each parent must pay a portion of the child's educational, medical and other recurring expenses. When one parent has primary custody of the child, that parent's support obligation is covered by paying for the child's expenses directly, while the non-custodial parent must pay child support to the custodial parent. Child support is considered a right of the child and Florida law requires non-custodial parents to pay.

Child Support Settlement

Parents have the option to reach a child support agreement on their own. A judge must still sign off on the settlement, but parents may be able to pay less child support if they reach a settlement rather than relying on the state's child support calculations. If one parent is having financial difficulties, settlement can minimize legal costs and may include provisions for increased support when the hardship ceases.

Divorce is never easy, but we can help. Learn More

Child Support Modification

Parents may petition the court to modify their child support obligation when their financial situation or the needs of the child change. For example, if a child switches from private to public school, this might be grounds for modified child support. Parents should file a petition for child support modification in the same court where the original child support order was issued. When parents both agree that child support should be modified, they may sign a joint petition, increasing the judge's likelihood of granting the reduction.

Informal Waivers

In most cases, it is the custodial parent who enforces child support orders by reporting non-payment to the court or a state agency. Custodial parents can choose not to do this if the non-custodial parent is not paying child support; however, this does not legally waive child support and is not a practice that can be sanctioned by the court. Further, custodial parents who seek government benefits, such as welfare or food stamps, may be required to name the child's father and participate in child support enforcement actions. Not accepting child support may eliminate eligibility for these benefits.

Divorce is never easy, but we can help. Learn More
Maryland Emancipation & Child Support Rules
 

References

Related articles

How to Split Expenses for Kids in a Divorce

Both parents are obligated to provide financial support to their children during and following a divorce. Child support is usually provided to the custodial parent by the noncustodial parent. However, there are many additional expenses, called extraordinary expenses, that are not included with the payment of child support. These additional expenses can be divided between the parents in several ways, depending on the circumstances of your case. If you are paying child support, you must be prepared to pay additional money above and beyond your support obligation in order to fund your children's additional expenses.

How to Determine Child Support Amounts in Kentucky

Kentucky uses what is known as an Income Shares model for calculating child support. This model attempts to recreate the level of support provided for the child when the parents were living together. Although the initial computation is mathematical in nature and fairly rigid, flexibility exists for judges to deviate from the guidelines in certain cases and to modify the obligation to account for future changes.

Divorce & College Expenses

When parents divorce, the parent who is responsible for the day-to-day care and physical custody of the children (the custodial parent) receives regular financial assistance from the noncustodial parent in the form of child support. Courts award and modify child support amounts based on each parent's financial situation and child's changing needs. When it comes to paying for college, state laws vary significantly, so parents in one state may be required to contribute to such expenses while parents in another state may be under no financial obligation to do so after the child reaches the age of majority, often 18. Of course, marital settlement agreements also come into play as parents are free to agree to the terms of child or college support during divorce proceedings, provided the terms meet minimum state guidelines.

Get Divorced Online

Related articles

Illinois Laws on Child Support of Disabled Children

In Illinois, as in all states, parents are responsible for financially supporting their children. This is true even ...

Parents Giving Money to a Disabled Adult Child

A divorce does not terminate parents' financial responsibility to their children, and parents of a disabled child ...

What Is the Maximum Amount of Child Support in Maryland?

A divorce does not end a parent's duty to financially support his children. In Maryland, child support is calculated ...

When Can Child Support Be Terminated in Kentucky?

In Kentucky, child support usually terminates when a child reaches the age of majority, which under Kentucky law, ...

Browse by category
Ready to Begin? GET STARTED