In Pasco County Florida, is child support mandatory if both parties agree that they don't want it?
5 attorney answers
Florida law does not, as a matter of public policy, preclude agreements establishing the terms of child support. The fact that parents may not waive or “contract away” their child’s right to support does not preclude them from making contracts or agreements that is different from the child support guideline so long as the best interests of the child are served. Lester v. Lester, 736 So.2d 1257 (Fla. 4th DCA 1999). #servingtheone
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Some Pasco County judges will deviate from guidelines if the parties agree, depending on the amount being waived and the reason(s) for deviating.
It is not "both parties" money to waive it belongs to the child so you cannot waive it.
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Child support belongs to the child and you cannot waive it. You can deviate from the statutory amount if you have good reason to do so.
Child Support in Florida is calculated by a statutory formula which uses established guidelines. The Courts are unlikely to deviate from those guidelines without a valid justification for doing so. Oftentimes the fact that both parties agree to a deviation, in and of itself, is not sufficient. A justification could be if one parent pays for extra-ordinary expenses for a child, or in cases of long distance parenting pays for all of the airfare or other expenses. Because child support is for the child and not the parents, a parent cannot waive the child's right to receive child support. You may want to consult with an attorney to see if there could be a way to ask the Court to deviate from the child support guidelines in your situation. From the facts provided, I do not have enough information to form an opinion on that issue.
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