Can California parents waive away their child support claim?

It is quite rare to see divorced parents who are willing to relieve their co-parents of child support obligations. However, this issue does arise occasionally in the family law field. Perhaps the custodial parent has enough wealth to provide for a child, or maybe the noncustodial parent has few or no assets. Whatever the reason for such a request, you should know that California law prohibits the waiving of child support.

There are many reasons courts will not allow a parent to decline child support. For one, support funds are not for the parent to use personally. This money essentially belongs to the child, which means that the parents cannot simply decide the child does not need extra financial support. Further, both parents must contribute to the support of a child, meaning that neither is off the hook financially.

Another reason why it is not wise to even consider waiving child support involves the future. You cannot always know what your financial situation may look like in the future. For example, if you lose your job or make a bad investment, you may find it challenging to support your child alone.

Finally, contributing to the care of a child can keep both parents involved with their kids. For noncustodial parents, contributing to the care of a child feels good, even when they have few assets to spend. Denying your child's right to support may turn out to have a negative effect on the relationship between the child and noncustodial parent.

If you still have concerns about your co-parent's financial situation, consider speaking with a family law attorney. Together, you can petition the court to modify the terms of your child support agreement to impose the least hardships on your co-parent.

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