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Can Child Support be Waived if Parents Agree?


When parents are separated or divorced, one of them will be the managing conservator or custodial parent of their child. The other parent will need to pay the custodial parent child support. The support amount will depend on the specific circumstances of the family based on guidelines under Texas custody laws. But what if both parents agree that child support is not needed?

What to Do If Parents Don’t Want Child Support

In some cases, parents agree that no child support is needed. For instance, if both have comparable incomes and equal custody or parenting time with their child, they may agree to waive support payments. Additionally, if there’s an existing support order and the custodial parent decides they no longer need support from the other parent, they can waive support payments.

However, it’s crucial to keep in mind that all orders involving children are always made in the best interests of the children. So even if parents agree to waive child support, the court may feel different otherwise and issue a child support order.

Likewise, waiving child support isn’t automatic and will require help from an experienced San Antonio family law attorney. Parents wishing to waive support must file a motion requesting the court to issue an order without a support amount. A judge will consider the circumstances of the parties involved and decide whether a waiver is appropriate.

What Exactly is Child Support?

Custodial parents, those who live with the children, receive child support payments for the child’s upbringing. Child support is meant to cover the expenses of raising a child, such as food, healthcare, clothing, and education, and many others. Depending on the situation, child support may likewise be used for covering childcare costs.

The amount of support payment a parent must pay may vary based on several factors, including both parents’ income and the number of kids involved, among others. Parents must usually pay support payments until the child reaches 18 or until they graduate from high school, whichever happens later.

Payments must be made regularly, according to the court order, which can be weekly or monthly. In some cases, payments are made in a lump sum.

Seek Legal Advice From a San Antonio Experienced Family Law Attorney Now

Before waiving child support payments, it is immensely important to discuss your specific case with a San Antonio family law attorney. Even if you and the other parent completely agree about having no child support or modifying the child support order, covering all your bases by talking to an attorney will help ensure that the actions you’re considering are legal. This will also protect your legal rights and your child’s best interests in case you face any issues later on.

The San Antonio family law attorneys at Hoelscher Gebbia Cepeda PLLC can help you understand your options, so you can make the best decisions for you and your children. To set up a case review with our San Antonio family law attorney, you can send us an online message or dial 210-222-9132.