Can I Waive My Child Support Agreement in New Jersey?By Moskowitz Law Group, LLC |
When navigating the divorce process, there are several key factors that parents must consider. Child support is often one of the most complex and complicated issues for parents going through a divorce so some divorcing spouses may wish to waive or circumvent the child support process altogether. While doing so may alleviate stress for parents, the family courts in New Jersey have determined that child support payments cannot be waived.
Can Child Support be Waived?
New Jersey family courts generally consider the needs of the child as a key important factor in family law matters. Child support is designed to provide financial support to the child. Because of this, New Jersey family courts have determined that child support payments cannot be waived, even in cases where both parents wish to waive child support payments. Because the child’s welfare is the most important priority in a custody situation, it is presumed that both parents should have a just share of the financial burdens associated with raising the child.
How Child Support Differs from Alimony
Child support is designed to provide financial assistance to the child following divorce and children are provided special protections under the law. This is different from alimony, which provides financial support to a spouse. Because alimony is designed to help a spouse, the receiving spouse may have the right to waive or deny financial support. With the case of child support, financial assistance is the right of the child. Therefore, neither parent can waive or refuse financial support that a child is entitled to receive.
How Child Support Eligibility May Be determined
An individual may be entitled to receive child support if they are the parent or legal guardian of a child. A child may still be eligible to receive child support even if the child’s parents were never married. If a paternity test demonstrates that an individual is the parent of a child, they may be required to provide child support.
In some other situations, a person may become the legal parent of a child if they sign a Certificate of Parentage Voluntary Acknowledgement Form. If this form is signed, an individual may be required to pay child support even if they are not a biological parent of the child. That document shows that the signor has assented to be the child’s legal parent, assuming all the rights and responsibilities that accompany that status.
Talk to an Experienced Child Support Lawyer Today
New Jersey child support laws may raise complicated legal and financial questions for spouses going through divorce. An experienced child support lawyer may be able to help guide you through the child support process and ensure that your rights are being protected. To see what options are available to you, contact an experienced New Jersey family law attorney from Moskowitz Law Group, LLC today.