As a former judge, I can tell you that the answer is NO. Child support is the right of the child. The judge will think that you are not acting in the best interests of the child if child support is due and you decline it. If the child support worksheet says that it is owed to the mother, then it should be paid. Only if there is something highly unusual will a judge allow a person to decline to accept child support.
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I agree with Mr. Leroi, but you can try to deviate from the worksheet if you give the court a good reason (like the mother has a trust fund). You should call a family lawyer to discuss the whys and hows before going forward, as we need more details as to your specific situation and what your goals are here. Hope this helps.
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As set forth by the other attorneys, the parties may not agree to waive a party's obligation to pay child support. Child support is the right of the child and is determined by Colorado's Child Support Guidelines. However, with approval by the court, and if in the best interests of the child, the parties can agree to deviate from the amount of support that is payable under the Child Support Guidelines. But, any deviation must be reasonable and will have to be approved by the Court.
proposed terms as to these issues, however, subject to the court’s later approval.
Legal disclaimer: Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your specific circumstances.
To add a little more detail to the answers provided by my colleagues:
The child support statute in Colorado says that the court MUST order the amount of child support calculated pursuant to the statutory guidelines unless the court makes specific findings of fact as to why applying the guidelines to the case at issue would be unfair. You can get pretty creative with why doing so would be unfair, but judges will not approve a "no support" order without a very good reason. You should sit down with one of the other attorneys who answered your question, or with me, to discuss the specifics of your case.
Also, even if a court does accept a "no support" agreement, that does not resolve the issue until the end of time. Child support orders, including "no support" orders, are modifiable at any time due to changed circumstances which make the existing order "unfair."
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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