Chicago, IL asked in Divorce, Family Law and Child Support for Illinois

Q: If both parties agree in not having child support is there a form or anything we need to put in our divorce papers?

Me and the other party also have a parenting plan where it states we do not want a child support order. Can the judge also put one in order even if both parties agree in not having a support order

2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: The judge can find it to be in the best interest of the child or children that one of you pays child support to the other and order it even if neither one of you wants it.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: The judge can (and likely will) order child support despite your wishes to the contrary. The judge is mandated by law to order such support. and cannot deviate from the support guidelines unless he/she makes special Findings justifying doing so. If such Findings are made, the court is only allowed to reserve the issue of child support.

Parents do NOT have the right to waive child support because it is the child's right, not theirs. Even the judge cannot waive child support.

It sounds like the two of you need to consult with an attorney.

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