Legal Question in Family Law in Tennessee

Waive Child Support to get Custody

My ex-wife has had custody of our 14 year old daughter for the last 13 years. This year she decided to let her live here in Arkansas (mother lives in Tennessee and child custody is under that state). The custody papers have remained the same even though she is no longer living here (bad idea I know but luckily it did not come back to bite me)At the end of this school year she decided that she wante to live with me. Her mother is in agreement to this and now wants me to get an attorney to draw up the papers and we will split the cost. The only catch is that she wants me to waive the child support as part of the agreement. I am afraid that if I do not include this in the papers then she will not sign off. Since having my daughter is the main issue I will more than likely include this in the papers. My question is, if I was to include this in the agreement what are my chances that a judge will still enforce child support on her since it is the law that she should have to pay? Thanks for any help that you might be able to give me.


Asked on 5/23/05, 2:19 pm

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: Waive Child Support to get Custody

I don't know the law in Arkansas, but in most jurisdictions, if you are not receiving state benefits for the child, whether your ex-wife will have to pay child support to you depends on whether you want it or not. So, if you never receive state benefits for the child and you never file a petition to set support, she will never have to pay, AS LONG AS "YOU" HAVE CUSTODY OF THE CHILD. I can help with the Agreed Order. 423 266-4855 or 423 266-0199

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Answered on 5/23/05, 4:14 pm


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