Under Florida law, a parent cannot waive child support Technically, child support is due to the child and the parent does not have the ability to waive it. In addition, judges cannot complete a custody or divorce case unless child support is addressed. Child support is the money each parent pays to contribute to a child's normal expenses. When parents share custody, each party may have to pay certain expenses.
However, when one parent is the primary custodian, the non-custodial parent generally pays child support directly to the custodial parent. While the custodial parent can choose not to take a parent who does not pay child support to court, child support cannot be legally waived because it is considered a right of the child, not the father. When you are in the midst of a heated child custody battle, remember to put the child first as the court does. Child support is mandatory in Florida.
This means that parents cannot waive their obligation to pay it. Parental financial support is a legal right of the child under Florida child support laws. Parent who is supposed to pay child support refuses to work to avoid paying child support. If circumstances have changed sufficiently since the time the child support order was entered, you may be entitled to stop paying child support.
If the child's health needs are shown to increase expenses, the amount of child support will increase. There are several enforcement mechanisms for child support orders, including contempt of court, suspension of the debtor's driver's license, and placing a lien on the debtor's property. Child support can also be imposed on a parent once paternity has been determined, even if that parent was unaware of the child's existence. When a parent has primary custody of the child, that parent's support obligation is covered by paying the child's expenses directly, while the non-custodial parent must pay child support to the custodial parent.
One thing parents can try to negotiate with is child support, specifically, agreeing to waive the right to receive child support. Pursuant to federal and Florida law, the Florida Department of Revenue will seek child support each time a parent with whom the child or children reside receives public assistance, or, at the request of a parent with whom the child or children reside. If child support was established on the basis that both parents exercised substantial timeshare with the minor or minor children and one parent stopped doing so, child support may be modified retroactively to the date the parent stopped using their timeshare. However, where child support results in the debtor parent living at a subsistence or poverty level, the Court may grant a deviation from the guidelines.
The court may order to increase child support based on funds needed for private school expenses. This can often be proven when the parents entered into an oral agreement that reduces the child support obligation of the debtor parent or exchange items such as a vehicle or paying certain expenses for the child instead of paying child support. For example, a parent who earns money on a fee basis or with a seasonal business may have some flexibility when it comes to their reported income and, therefore, can use an income figure that allows parties to approach an equal and therefore nominal child support number. Custodial parents can choose not to do so if the non-custodial parent does not pay child support; however, this does not legally waive child support and is not a practice that can be sanctioned by the court.
Parents can ask the court to modify their child support obligation when their financial situation or the child's needs change. .
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