Over the years, I have had the opportunity to discuss child support issues with many parents. A frequent question that often arises is whether one parent has the right to waive the receipt of child support from the other parent?
The answer to this question is simple, NO! There are scores of cases in Florida which clearly state that the entitlement to child support is a right that belongs to the child, not to the parent, and the parent has absolutely no right to waive receipt of those funds.
What about the situation when a father proclaims his desire not to have any part in the child's life, in exchange for a release of his child support obligation. Will this work to release the father from his obligation? Again, the same answer, NO.
I recently read an article dealing with individuals in the "public eye," which dealt with this very issue of waiving the obligation to pay child support, and I find it contrary to law. This of course would be the story of Kate and Jon, which is all over the internet. Kate has publicly indicated that she has released Jon from his child support obligation. It was reported in a story in the Star magazine. There will be more to this story in the future. Most likely an agreement is in place for a temporary abatement of support, but certainly not the total eradication of support for all those kids. Stay tuned.
The payment of child support is not discretionary, it is mandatory. The payment of child support is a joint obligation of both parents. The Florida Child Support Guidelines are based upon this concept, so that each parent bears their proportionate share of the expense to raise their children.
Further information on this subject, as well as on other issues, can be found on my website at www.alanburtonlaw.com. With over 30 years of experience, I am well qualified to answer and address any and all of your concerns with family law issues of any kind, including divorce, annulment, paternity and child support issues.