QUESTION

can a custodial parent sign a waiver releasing a non custodial parent from child support?

Asked on Mar 16th, 2016 on Family Law - Florida
More details to this question:
the custodial parent has purposely ignored our divorce decree re: our children however I am reqfuired to pay child support. I have not seen nor heard from my children since 2010. Can the custodial parent sign a waiver releasing me from being forced to pay? Can the custodial parent be held criminally responsible for the years of contempt?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
  A parent cannot waive child support on behalf of the child. It is the child's right, the parent just receives the money on behalf of the child because the child is a minor. If your divorce "decree" obligated you to pay child support and you have not paid it, you will be responsible for the arrears. If you do start paying child support, make sure you pay via check or money order and indicate in the memo line "child support," keep copies of the checks. Child support is not "connected" with seeing the child, even if you do not see the child you still must pay child support. Before the court can put you in jail for non-payment, you will get several opportunities to explain yourself in front of the judge. The judge must find that you have present ability to pay and refused to pay anyway. However, your driver's license can be suspended and your tax return intercepted. The government can also deny to issue you a passport or renew your old one.   Best of luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  
Answered on Mar 17th, 2016 at 6:15 AM

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