“Over 30 years of Family Law Experience”
39111 6 Mile Road, Suite 120
Livonia, MI 48152

Is It Possible for Both Spouses to Opt Out of Child Support?

There are few things more stressful in life than going through a divorce. Even an amicable one, where there is none of the stereotypical fighting between the soon-to-be-exes, can put a huge strain on everyone involved. In the midst of dividing assets, determining who will get what property, and other legal questions, child support is a huge issue that will come up if the divorcing couple has had children. Child support is generally paid to the parent holding primary custody by the parent who does not, so that the child's basic needs can be met. However, what happens when child support is unnecessary? Say both parents work high-paying jobs and make enough money to where there is no need for child support. Can both parties opt out of paying child support?

Generally, the answer to that question is 'yes'. If the custodal parent is not receiving any kind of state aid, and both parties agree to it, then opting out of child support can be negotiated as part of a divorce settlement. The exact process will vary from state to state; in some states, you are only required to sign a waiver stating both parties wish to opt out of child support payments, while others will require full financial records from both parties that shows they are able to support a child before an opt-out will be considered. Even in cases where parents can provide for their children without child support, a waiver may not be approved if those financial records show any potential issues with supporting children without child support payments.

Remember that child support arrangements are not set in stone. If an agreement is made to opt-out of child support payments and the need for them arises (i.e. the custodial parent loses their job), or vice-versa (i.e. the custodial parent finds a well-paying job), both parties can always come together and re-negotiate child support payments. However, remember that back child support will not be awarded if the parents opted out of it; only child support from the date agreed upon going forward will be awarded.

If you're looking for a professional divorce attorney, then contact the experts at the Law Office of John R Rinn today! 

Can Spouses Opt Out of Child Support?

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...

How Is Child Custody Determined?

Custody is often one of the most contentious parts of any divorce, so it’s no mystery why so many people need help from a child custody lawyer. The attorney will act as both a mediator and a negotiator, with the goal of obtaining the full...

What Is an Uncontested Divorce?

When two spouses agree to a divorce, filing for an uncontested divorce will save both money and time due to streamlined legal procedures. In its most basic definition, an uncontested divorce is defined as a divorce wherein both spouses are able...

How Is Property Divided in a Divorce?

In Michigan, divorce courts distribute the marital assets in a manner they feel is fair. Unlike judges in many other states, Michigan judges are not bound by strict guidelines or formulas when making these decisions. They determine which...

What Is a Collaborative Divorce?

When we think of divorce, we often think of a long, drawn out battle that’s laden with contention, jealousy, and greed. However, that’s frequently not the case. Often, two people come to a peaceful realization that their marriage...

What Does It Take to Overturn a Custody Decision?

After a divorce, it is fairly difficult when the court doesn’t rule in your favor because at that point in time, there really is nothing more you can do but follow the orders. However, after the ruling, you have the chance to convince...

What Is a Legal Annulment?

Are you wondering whether your marriage is actually valid? Legal annulment declares that marriage never existed but this can only happen in certain situations. Since it is a civil court process, it can be just as long as a divorce and should...
Page: 12 - All

Get Legal Advice Now

* Indicates required questions
Name *
Email *
Phone #
How can we help you? *
Preferred Method of Communication
Telephone E-Mail
Is It Possible for Both Spouses to Opt Out of Child Support? - Blog - Law Offices of John R Rinn - cards
Evening & Weekend Appointments Available

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.