Can parents agree that no extra child support is needed during the divorce? 24 Answers as of January 05, 2011

If both parents agree during the divorce that no extra child support is needed, is this allowable? Father has agreed to pay childs insurance.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Parents may reach agreements on many issues. Child support however, requires that if the parents wish to deviate from guidelines, they must provide a statutory basis for doing so. In most cases, a statutory basis can be found that a court will adopt.
Answer Applies to: Minnesota
Replied: 1/5/2011
Saddleback Law Center
Saddleback Law Center | Paris Kalor
Yes, however the court retains jurisdiction over child support until the child reaches age of majority. This means that either parent can petition the court to increase or decrease child support.
Answer Applies to: California
Replied: 1/4/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes. The parents are capable of reaching many decisions and this is one. As long as you both agree.
Answer Applies to: Texas
Replied: 1/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Absolutely, by stipulation.
Answer Applies to: California
Replied: 1/2/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
It depends on the relative income of the parents and the amount of parenting time.
Answer Applies to: Tennessee
Replied: 1/2/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes you can both stipulate in writing to no child support if the mother is not on aid.
    Answer Applies to: California
    Replied: 1/1/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    You can agree that there is no extra child support needed, but you have to be able to show the court there is no disparity in income and the child(ren) will be financially cared for under the proposal. Someone will have to pay something but if your incomes are equal and insurance does cost a certain amount, you should be ok with a waiver. Its hard to say for certain without looking at your financials but the court wants to make sure the child(ren) is financially supported.
    Answer Applies to: Colorado
    Replied: 12/31/2010
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There are Child Support Guidelines that the courts must follow. There is a presumptive amount of child support that is paid. There is a credit given for paying health insurance premiums. If you seek a downward deviation from the presumptive amount there are deviation criteria that you could try to use to apply to your case. We offer a free initial one hour consultation should you have further questions. Good luck.
    Answer Applies to: Connecticut
    Replied: 12/31/2010
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    In New Jersey, the parents can propose any sort of child support arrangement to the Judge but the Judge will usually review it carefully to make sure that it provides for the child's financial needs and is appropriate in view of the particular situation. In general, the Judge will want to make sure that the child's best interests are not being compromised by the parents in the arrangement they have made between themselves so you should be prepared to explain to the Judge why it is a reasonable and appropriate arrangement in view of the child's needs and the financial capacities of the parents. Hope this is helpful to you.
    Answer Applies to: New Jersey
    Replied: 12/31/2010
    Law Office of Tim W. Avery
    Law Office of Tim W. Avery | Tim W. Avery
    The answer is yes, subject to the court's approval to finding that it is in the best interest of the child. If good cause is shown why current child support should not be ordered, then the court will most likely approve the agreement.
    Answer Applies to: Texas
    Replied: 12/30/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, parents can make such an agreement as part of a divorce settlement, but if the issue ever comes up for review before a court of proper jurisdiction (for whatever reason), the court may have to adjust the child support amount if it doesn't conform with what is required under the Virginia Child Support Guidelines.
    Answer Applies to: Virginia
    Replied: 12/30/2010
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Parents can agree to such a provision, but before agreeing to it, they should reveal their respective incomes to the other, exchange Income and Expense Declarations, and each parentshould seek advice fromhis or herattorney as towhat child support should be according to the California Child Support Guidline formula, and whether it would be wise to enter such an agreement.

    Child support is based on the income of each parent and the custodial timeshare.

    Hypothetically, if both parents have substantially the same amount of monthly income, and if actual physicalchild custody is split 50/50 between them, child support would be $0.

    Family Code Section 4065(a) sets forth specific provisions which must be set forth by the parties in a stipulated agreement for child support below the Child Support Guideline formula amount, as follows: 1) They are fully informed of their rights concerning child support; 2) The order is being agreed to without coercion or duress; 3) The agreement is in the best interests of the children involved; 4) The needs of the children will be adequately met by the stipulated amount; and 5) The right to child support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code, and no public assistance application is pending.

    Even if the parties agree/stipulate to no child support, or child support below the Guideline formula amount, Family Code Section 4065(d) provides that no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable guideline level or above.

    If one of the parties has health insurance available for the child through his/her emploment at no cost or reasonable cost, that party is ordinarily required to provide such health insurance for the child, and the cost of the health insurance is factored into his/her Income and Expense Declaration and the Guideline calculation, andthe child's health costs that are not covered by the health insurance (such as co-pays) are normally split 50/50 between the parents, unless there is a substantial difference between the parents' incomes. If neither parent has health insurance available for the child through his/her employment, the cost of the child's health insurance should be factored into an adjustment of Guideline support, or split between the parties 50/50 or in a manner appropriate to their relative incomes.
    Answer Applies to: California
    Replied: 12/30/2010
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    I'm not sure what you mean by your use of the term "extra child support." Regardless, parents can agree to a "non-guideline" child support amount, including no child support, so long as the child's needs are adequately taken care of by the custodial parent due to that parent's sufficient wealth (i.e., the custodial parent is sufficiently independent financially that the contribution of support from the non-custodial parent is unnecessary to cover the child's share of living expenses).
    Answer Applies to: California
    Replied: 12/30/2010
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    You can agree that there is no child support paid to either party, but you will need to specifically state why. The judge can still impose child support but this does not typically happen.
    Answer Applies to: New Hampshire
    Replied: 12/30/2010
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In the State of Oregon, parties in a divorce or dissolution proceeding can agree that no child support needs to be paid while the case is pending. However, in Oregon, there is a child support calculator that will determine the presumptive amount of child support that needs to be paid at the conclusion of the case.
    Answer Applies to: Oregon
    Replied: 12/30/2010
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Yes, although under AZ law a child support worksheet must be prepared and if the father is to pay child support, then the parties would need to agree to a deviation and acknowledge that is in the child's best interest.
    Answer Applies to: Arizona
    Replied: 12/30/2010
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    Yes. The marital settlement agreement will be incorporated by reference into the divorce decree, and will rarely be disturbed by the court if reasonably equitable. Thereafter, either party may move for modification of the support arrangement if circumstances significantly change.
    Answer Applies to: Pennsylvania
    Replied: 12/30/2010
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That may depend on what you mean by "extra". Child support will be set by the statutory Guidelines. Any parental agreement for a higher amount will always be approved. But, any agreement for a lower amount must be approved by the judge and judges have to hear very, very good reasons to deviate downward. Simply paying the child's insurance (I presume you mean medical insurance) will almost never be considered adequate child support because in Colorado the cost of medical insurance is added to the standard child support amount.
    Answer Applies to: Colorado
    Replied: 12/30/2010
    The Law Office of David J. Reed, LLC
    The Law Office of David J. Reed, LLC | David J. Reed
    Child support is based on state standards; the court's will allow a deviation provided they find it being in the best interests of the child.
    Answer Applies to: Nebraska
    Replied: 12/30/2010
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes. But it is modifiable. Do not sign your final Marital Settlement Agreement without having it reviewed by an attorney.
    Answer Applies to: California
    Replied: 12/30/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can do this if by written agreement.
    Answer Applies to: California
    Replied: 12/30/2010
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    Both parties can agree on child support, but the Judge has discretion on whether or not child support should be ordered regardless of what the parties have agreed to. Generally speaking, if the needs of the children are going to be met without child support being ordered, then you may be successful, however it depends on the factual situation, such as difference in income and living arrangements. You should consult an attorney with your specific facts.
    Answer Applies to: California
    Replied: 12/30/2010
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney