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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! 

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