If you would like to waive predetermined child support, you will want to discuss this option with an attorney. Ultimately, The Family Code governs child support, and parents are not permitted to divest the court of its jurisdiction to order support when necessary. Oftentimes, an attorney will want to evaluate the reasons that a parent wants to waive child support. The attorney may be able to develop a workable solution to have the child support terminated through a court hearing, or may be able to work on another legal action that will achieve the result that the parent desires.
There are three main reasons that parents attempt to waive child support. The first is that a father may ask a mother not to seek child support in consideration of the fact that the father is not seeking custody or visitation. This can also work the other around, with the mother and father swapping positions. In this situation, a parent is essentially saying that because he or she doesn't want anything to do with his or her children, he or she should not need to support them financially. Yet as a parent, each adult in the relationship has a requirement to financially support their offspring. This means that asking to waive child support for this reason may be ineffective.
Another reason that parents ask to waive child support is when one parent is worried that the other will not pay the support. The court mandates payments, so if you are left without the money that you were expecting, you can file a lawsuit in court against your ex-spouse to get the money that you deserve. The court will do everything within its power to make sure that you are still getting the money that you were granted in the divorce hearing.
Lastly, sometimes parents ask to waive child support in order to discourage the paying spouse from seeking custody or visitation. The court can mandate child support without rewarding the paying spouse with visitation or custody. Still, the court likes children to have an active relationship with both parents if possible. If you have been injured then don't hesitate to contact a San Fernando divorce attorney at the firm right away for more information.
