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Can Parents Make an Agreement to Waive Child Support?

Can Parents Make an Agreement to Waive Child Support?

In every state, parents are under the obligation to support their children. Parents may be under the impression that they have the power to determine how much and if child support is necessary; however, the state law and the courts have the final say in matters of child support. Parents cannot agree not to pay child support. To understand why parents cannot waive the duty to pay child support, t is necessary to know how and why the state creates child support arrangements. Whenever the support of a minor is of concern, the court can order either parent to pay any amount of child support while the child is a minor. Eliminating this support is not an option, because child support payments are actually the child’s right, not the parents. Every state calculates child support by determining what is in the best interests of the child. Because of this, parents cannot refuse to pay child support because it is not in the best interests of the child. According to the federal Child Support Enforcement Act, each state has guidelines that calculate the amount child support to be paid, which vary depending upon several concerns. In general, factors determining child support include: the needs of the child such as health insurance, education, child care, and other special needs the income and needs of the custodial parent the ability of the paying parent to pay child support the child’s standard of living before the divorce or separation From there, the courts may determine child support depending on factors affecting the child’s best interests, such as: the age and sex of the...
Divorce and Bankruptcy

Divorce and Bankruptcy

Finances and debt can get very messy during a divorce. Money is the number one stress factor in many relationships. A recent study of 4500 couples has shown that there is a very strong link between financial disagreements and divorce. Of all factors that can contribute to a divorce, money is by far the most powerful. Couples that argue over finances tend to argue more longer and more intensely, resort to harsher language, and remember the bitterness and resentment much longer, and these sort of arguments tend to dramatically reduce relationship satisfaction and increase stress on the couple and any children they may have. While this trend is true across all income levels, the risk of money arguments increases as finances dwindle, and the anger and frustration of financial arguments can become even more intense when a couple is facing bankruptcy. To further complicate matters, the anger and stress of this kind of argument makes couples less likely to collaborate on financial planning and more likely to focus on the short term instead of trying to secure their future, perpetuating a vicious cycle of money trouble, stress, and intense argument, causing the marriage to fall apart under the strain. Income, Marriage, and Bankruptcy Qualifications Both spouses are responsible for the debts incurred during the time of the marriage. Your divorce settlement will divide up the debts, assigning responsibility for some to one spouse and some to the other. But that divorce settlement is between you and your ex-spouse; it doesn’t bind the creditor, who can collect the debt from either one of you.  If your ex files for bankruptcy after the...
What Income Determines Child Support

What Income Determines Child Support

The decision to divorce can be very difficult. The end of the marital relationship can equate to a complete life change. Divorce and other family law problems are without a doubt, a complicated and often difficult matter – from spousal support disputes to marital assets – to the details of child custody and child support. There is nothing more important to a caring parent than his or her children. However, child support is one of the most stressful issues a divorcing couple has to deal with. It is probably the most often litigated issue in a divorce case. So, how is child support arrived at? What is considered income for child support in California? California Family Code Section 4058(a) states, “The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following: Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article. Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business”. The end of a marriage is the end of a legal relationship between two people. We, at the Riverside family law offices of Heath L. Baker, understand that every situation is unique. We know what you’re going through, and we’ll make sure you’re fully protected, get the...