Legal Question in Family Law in California
legal custody obligations
I would like to know the law regarding the non-custodial parents obligation in regards to support when that person matains legal custody even though I agreed to wave there child support obligation?
1 Answer from Attorneys
Re: legal custody obligations
California law forbids the waiver of child support by a parent. The right to support is the child's and cannot be waived.
There are circumstances under which the parent that waives child support can be prevented from pursuing child support. The theory being that the person has waived thier right to request reimbursement for the costs of raising the child. Each individual case is determined on the facts of that case.
Even with adequate facts this is a difficult question to answer.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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