Can a Parent Ever Choose Not to Receive Child Support?

If you are a divorced or never married parent, you may find yourself wondering if there is ever a situation where both parents can agree to forgo the payment of Pasadena child support.

Child support is based on the amount of time each parent physically cares for the child, as well as the income of the parties. So, hypothetically, you could have a situation where no child support is due if the parents have equal incomes and each care for the child 50% of the time.

If a custodial parent requires public assistance, such as Medicaid or food stamps, filing for child support is mandatory. A parent must cooperate with the state's effort to collect child support in order to receive public assistance benefits.

Sometimes a custodial parent does not want to collect child support because he or she thinks that this is a way to prevent the other parent from visiting the child. However, child support and visitation are two separate issues. A parent is still entitled to visitation even if he or she is not currently paying child support.

You must also remember that child support is the legal right of the child, not the parent who is receiving it. The parent is trusted to make decisions as to how to spend the money, but he or she is not technically allowed to forfeit the child's right to support. This is why prenuptial agreements that limit child support obligations don't hold up in court.

It may be helpful for parents to think of child support as a business transaction, as opposed to an emotional statement about the value and contributions of each parent. If the child support is not needed for the daily living expenses of the child, the parents could agree to put the money in a separate account to be used for the child's college education.

How Can We Help?

If you are in need of assistance with a child support related issue, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law lawyers are eager to help in any way possible.

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