How to Waive Child Support in a Divorce Agreement

By Mary Jane Freeman

Both parents are financially responsible for their children under the law. This obligation doesn't go away simply because they may divorce, even if one spouse agrees to take on the financial burden alone. Any divorce agreement in which a parent waives the right to child support is not likely to be upheld in court, regardless of the state the family lives in.

Divorce Agreement Resolves Marital Issues

A divorce agreement, also known as a settlement or separation agreement, is where spouses outline the mutually agreed-upon terms of their divorce. Typically, these involve marital issues, such as property distribution, alimony and child custody. Although state laws differ, courts routinely approve settlement agreements and incorporate their terms into the final divorce decree, provided the terms are reasonable.

Waiving Child Support Not Allowed

Although spouses are generally free to address child support in a divorce agreement, any attempt to waive child support is usually prohibited. This is because parents have a duty to support their children, and child support is for the benefit of the child. As such, parents can't waive this support on the child's behalf. Also, child support is typically determined by state law, with many states having established child support guidelines.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
What Is a Unilateral Divorce?


Related articles

Is Life Insurance Required in New York State Law in a Divorce?

Life insurance can play an important role in a divorce. A divorce court can require that an existing life insurance policy be maintained with the ex-spouse or minor children as beneficiaries. It can also order a divorcing spouse to obtain and maintain such a policy. However, obtaining a life insurance policy is not a general condition of a divorce in New York.

What Is a Binding Contract for Divorce?

Whenever you sign something in the process of your divorce, it’s usually binding. Whether it is a contract depends on the nature of the document. A divorce complaint or petition is binding because you’re swearing to the facts it contains, but it's not a contract. Contracts obligate the signers to take or abstain from taking certain actions.

Divorce for Withholding Affection

Reasons for divorce and grounds for divorce are two different things. A spouse may decide to leave a marriage for any behavior that sufficiently upsets her, such as withholding affection. This reason may or may not provide "fault" grounds for divorce, depending upon the state where she lives. Fortunately, all states now offer no-fault divorces that do not require a spouse to prove that the marriage failed because of something her spouse did.

Get Divorced Online

Related articles

How to File for a Legal Separation in Massachusetts

Massachusetts courts do not issue judgments for legal separation. However, if spouses choose to separate without ...

What Does "Granted a Divorce" Mean?

Even in no-fault divorce states where dissolving a marriage is a matter of personal choice, a judge must supervise your ...

What Papers Do You Need to Get a Divorce?

The exact requirements and paperwork for a divorce differ from state to state, although many of the requirements are ...

Divorce Settlement & Separation Agreements With Children

Children often benefit when their parents can divorce amicably by using a settlement agreement instead of allowing a ...

Browse by category
Ready to Begin? GET STARTED