A no child support agreement can be an appealing option for both parties. However, it is important to understand the legal implications. The agreement must be approved by the court. In the absence of exceptional circumstances, a parent may not be able to agree to no child support. In such cases, the parties will need to consult with a top family law attorney. If they cannot agree, the court may deny the agreement.
In some cases, parents agree to no child support in exchange for access to their children. However, this agreement can be undone if one parent refuses to pay. If the other parent is not paying child support, a judge can order the parents to pay it. This means the parent who agreed to the agreement may be held responsible for child support arrears.
In order to be legally valid, an agreement to refuse child support must show that the parents knew their legal rights before signing the agreement. Additionally, the agreement must reflect the best interests of the child, compared to the Child Support Guidelines. However, proving this can be tricky. Parents may reference the costs of pursuing support in order to avoid exposing the child to conflict. However, it is important to ensure the agreement is signed in writing and ratified by both parents.
Parents may hire a lawyer or appear in court on their own. In the event that they cannot afford a lawyer, the court may assign a free attorney to represent them. Parties are also required to provide the court with copies of tax returns, pay stubs, completed financial disclosure statements, and proof of expenses.
To reduce the child support obligation, both parents must petition the court. The court then decides whether or not to approve the agreement. The court may reject the agreement if the agreement puts the children in risk of harm. If the agreement is not approved, the parents may have to pay the amount anyway.
Child support payments are calculated based on the noncustodial parent’s adjusted gross income. This means that the higher-earning parent will pay 30 percent more than the lower-earning parent. In addition, the noncustodial parent must pay child support until the child reaches the age of 21.
If a parent cannot afford child support, it is important to work with a family law attorney. An attorney can help the parents decide whether or not the decision is in the best interest of the children. In Virginia, a court may consider a parent’s agreement to be in the best interest of the children. If the court deems the agreement to be in the best interest of the child, it will most likely be upheld.
If a child is emancipated before the age of 19, the court can suspend the child support obligation. This is a rare scenario but is still possible. A child must be financially independent to qualify for emancipation. In these cases, the child must either marry or enter the military, be financially independent, or have a job that allows him or her to work independently. If this does happen, the child must file a petition to stop receiving payments.
