Savannah, GA asked in Family Law, Child Custody and Child Support for California

Q: Can you offer to waive child support arrears (non-aid), in exchange for non-custodial parent's consent to move-away?

This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are adequately taken care of financially, because child support is for the children, not for the parties.

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