In the process of handling numerous family law cases, we sometimes come across cases where one or both parents want to be exempt from child support or alimony payments. Can they be exempt from paying child support if both parents agree? It may vary depending on the state law, but in most cases, including New Jersey, it is not possible to be exempt.
Child support is provided to support the child financially, even after divorce, in the same way as before the divorce. Therefore, it is not a matter of convenience for the parents to decide whether to support the child or not, or whether to be exempt from it. One common misunderstanding about child support is that the parent receiving it is considered one of the parents. The right to receive child support is the right of the child, not the parent. One of the parents with custody is responsible for using the money to ensure that the child can continue to live a healthy and happy life after the divorce, and it should not be considered as income. Even when paying taxes, child support cannot be considered as income.
The amount of child support is determined based on the income or property of the parent paying child support and the amount needed to meet the child’s living expenses. This amount is agreed upon by both parents or decided by the court. If there is a significant change in the parent’s current situation, adjustments can be made. You can find more information about this in our family law legal column “Divorce is not the end of it? You need to know about divorce even after the divorce!”.
Therefore, even if parents want to give up child support payments through mutual agreement, the court does not allow it, and neither parent can refuse to pay the child support that the child is entitled to receive according to the court’s decision.
However, alimony, commonly known as “divorce payment,” can be exempted by mutual agreement of the couple depending on the circumstances. Alimony is for a spouse who suffers financially due to divorce and is determined based on various factors such as the length of the marriage and the size of the property. As the right or obligation of alimony is between the couple, they can waive it by mutual agreement.
To go through a divorce, many aspects of the married life must be agreed upon. Therefore, to complete the divorce process, clear evidence and documents that can persuade the other party and the help of an experienced attorney are required. If you have any questions about the divorce process, please contact us at mail@songlawfirm.com.