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

A parent often has custody of a child because the other parent is not able to financially support the child. However, child support is often still expected of the non-custodial parent. Child support causes a lot of problems for parents who cannot afford it or who don’t feel as if they should be obligated to pay it. Fortunately, for some non-custodial parents who cannot afford or don’t want to pay child support, it is possible for both spouses to opt out of child support payments.

If a non-custodial parent can convince his or her ex-spouse to opt out of receiving child support payments, that parent will not be required to make said payments. The custodial parent may choose to opt out of insisting on child support if he or she knows that it will be a burden for the co-parent and if he or she doesn’t want to put the non-custodial parent through all the resulting legal and financial burdens.

While it’s possible for both parents to opt out of child support payments, it’s not very common. Naturally, the custodial parent will typically want some financial assistance in raising the child. Usually, a situation that involves both parents opting out of a child support arrangement is an amicable situation in which no hard feelings are between parents.

In some states, a non-custodial parent can opt out of paying child support even though the custodial parent expects payments. But this is usually only possible if the non-custodial parent is willing to completely give up his or her parental rights of the child. A parent who gives up these rights will not be able to expect any visitation rights and may even be completely prevented from ever seeing his or her child again.

If you're looking for a child custody or if you need a probate attorneys expert advice, then contact the experts at Gerkin & Decker today! 

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