Legal Question in Family Law in Florida

Child support is for the benefit of the child. A parent cannot validly waive,nor can the court enforce the waiver.

Eliminating child support isn't an option for parents. A child's right to receive support from his or her parents is inherent and can't be waived.

The status of the parents' relationship doesn't matter. The duty of parents to support their children applies whether they are married, divorced, separated or unmarried. The law reflects public policy on this basic duty of support.

Parents can't limit or alter this basic duty by agreement. For example, a parent can't agree to give up parental rights in exchange for not paying support. A parent can't buy another parent's rights or sell his own rights. A child's basic right to be supported remains.

The above is the statute in the State of Florida. I can't understand why you insist that a Judge would have waived child support. However, be that as it may:

1. Contact the JA for Judge Cary's office - explain what you are stating on this site. Have the filed pulled and have it brought for review.

2. Tell the JA you want to file a Supplemental Petition to Modify Child Support for this child. Those forms are online and you can get that and ask for a hearing date - file the notice of hearing and file the notice and the Petition with the court and have them both served on the bio dad.

I have to believe that there is some HUGE misunderstanding as to the child support for this child.

Are you sure you are telling the entire story - is the bio dad unable to work - is he on disability of some type. The fact that the grandfather supports his son does not mean that the money he gives to his son can be factored in as an income to the son. I just feel there is so much more going on here.