My spouse is finally willing to divorce me after years of pleading and we have FINALLY come to some sort of agreement. Is there any way I can waive the right to collect child support from him for our son? I line in Citrus County FL and he lives in Georgia
Unfortunately for you, the answer is no. Child support is a benefit that your child receives-you are merely the "bank" so to speak. The law recognizes that both a mother and a father are obligated to support a child. The burden should not fall on only one parent.
Most likely when you appear for a final hearing in court, the Court will want to see a child support guidelines worksheet, ensuring that the correct amount of child support was calculated, and see that the child support amount is included in the settlement and final judgment. Further, the law in Florida requires (though some judges let it slide) that child support be paid through the State Depository and not directly to the recipient parent.
The exception to either party paying child support to the other would be when both parents make exactly the same amount of money, and both parents have equal time sharing. Based on the distance between both of you, it is unlikely that is the case.
Good luck to you. I hope that you can get this over soon.
Cindy S. Vova
You did not state whether you were filing in Florida? I will assume Florida, and if so, the answer is Florida courts cannot waive child support. In Florida child support is a state law and judges must follow the law. In some cases where there is shared custody and the parties incomes are the same, child support can work out to zero. Another consideration is whether you will have long distance visitation and substantial transportation costs. The court can give one party credit for paying all the transportation costs and that may reduce their child support payment.
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