West Orange, NJ asked in Child Support and Family Law for New Jersey

Q: if two people have a kid, can a parents obligation for child support be lifted if both parties sign off on it?

Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?

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3 Lawyer Answers
Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: In New Jersey, child support is deemed the right of the child, not the right of the parent. Therefore, many judges will not sign off on a parent waiving it.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your child and the other parent always has the right to support from you for the child's benefit.

The only exception is where there is another person is ready to adopt your child and your ex and her partner want you to sign off, giving consent to the adoption. Once the adoption is finalized, then any obligation owed by you to the child ends.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Absolutely not! That would mean the state would have to support the child and that is not going to happen.

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