When a divorce involves children, child support usually enters the equation. However, if you and your soon to be ex spouse are both stable, you may be wondering if you and/or your ex can opt out of child support. This means that neither party has to pay any child support to the other party. Getting answers to the questions you have about this topic will help you to understand whether this is a possibility.
Can a Spouse Opt Out of Child Support?
As a general rule of thumb, the simple answer to this question is yes. If both parties agree, and neither parent is receiving any state aid, child support can be opted out of. However, some states may require both parties to submit financial information and may decide not to allow child support opt-outs depending on that financial information.
What Needs to Be Shown In Order to Opt Out of Child Support?
The laws for what needs to be shown or filed to opt out of child support vary from state to state. Some states simply allow you to sign a waiver. Other states require full financial documentation showing both parties are able to adequately support the child on their own. Consult with a lawyer if you need to know what needs to be shown or filed in your state.
Can I Change My Mind About Child Support in the Future?
Yes. If your financial situation changes, you can ask to be awarded child support in the future. However, if you opted out of child support, you will not receive any back child support. This means that if you opt out of child support as of 05/01/2016 and decide to ask for child support on 05/01/2017, you aren't entitled to anything for that year as you opted out.