Legal Question in Family Law in Florida
Cancelling Child Support
My ex-girlfrind and I have come to the agreement to cancelle me paying child support. How do we go about doing this?
2 Answers from Attorneys
Re: Cancelling Child Support
You'll have to submit an order to the judge in your case (if you have one) approving your agreement. Cancelling ongoing child support isn't allowed by Florida law, so the judge probably won't agree with what you are attempting to do.
Re: Cancelling Child Support
If you two actually had a paternity final judgment, it would have to be modified. As one atty. answered, most judges will say it is against the law for a parent to waive child support as it belongs to the child. I have had people go through uncontested divorces and put in the final judgment that husband would pay the wife $200.00 child support. She didn't make him pay it. This won't work if there is a court order and the $ is being automatically deducted from your paycheck. In that case, you have to get an order from the judge that can be sent to your company. One way to get a judge to go along with this is to tell the court one or more of the following...she doesn't need child support because you have the child(ren)almost half of the month, or child support is suspended as you are going to be working less due to taking some classes, or suspend support because you are paying insurance and giving her money, clothes or groceries directly.
One other option, she may petition the court for the Order taking $ out of your check(if this is the situation) to be set aside and she agrees to have you pay her directly...then you two work out your private deal. 'Hope this helps. If my office can be of assistance in North Fla., give us a call. Tom Rosenblum, Jacksonville.