Both parents have joint legal/physical custody. I receive child support that is written on record as the other parent’s payments are voluntary. I would like to offer other parent a “deal”… grant me full legal custody and filing our child as a dependent every year on my income tax return in exchange of waiving other parents’ child support payments and court ordered financial responsibility for half of extracurricular activities. My question is, do I have the authority to waive child support? I have not contacted our local CSE office because of the potential that other parent’s attorney would be informed of my call and I’d rather them not know that I am inquiring about this.
Yes, you can waive child support. However, these kinds of scenarios tend to not work out. The other parent is usually unwilling to give up custodial time, decision-making, etc., especially if that parent is represented.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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