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Family Law Blog

Can a Divorce Include a Clause Negating Child Support Obligations?

Thursday, December 01, 2016

Is it possible, at the time of the divorce, to include a clause in the divorce contract whereas one parent is absolved, with the agreement and consent of the other parent, of child support obligations?

The first thing to know is that child support is something obligated by law -- parents must support their children, even if they are not currently married to the other parent. Child support obligations do not stem from divorce contracts and agreements.

This law is in place to ensure that children are adequately taken care of. It also is in the government’s best interests not to have too many welfare recipients.

Usually, clauses negating child support obligations will not be recognized by the courts. Unless you are able to prove that this clause is, in fact, in the child’s best interests, it will generally have no legal standing.

It goes even further. If there was a clause under which one parent paid a lump sum for the child’s needs, instead of having to pay monthly payments, and the money was squandered by the other parent who has custody of the child and the child now needs financial assistance, the first parent may have to start paying again for child support. This is because child support obligations are in place to benefit the child, and a parent's self-interest has no bearing on the issue, unless the parent is financially unable to support the child.

Child support laws are extremely complex. If you are considering a clause in your divorce contract concerning child support, it is best to contact a lawyer for legal help.