No, there is no official legal method for divorcing parents to agree to waive child support payments. Further, parents should never unofficially agree to waive child support payments. If circumstances have changed in such a way that child support is no longer needed by the custodial parent or the payment amount is no longer accurate based on changed employment or income, then the parents should jointly ask the Maryland divorce court for a modification of the child support Order. If the parents are in agreement, the Maryland family law court will likely look favorably on a modification (assuming all the legal requirements are met). If you have questions about Maryland child support obligations, call us here at the Law Office of Robert Castro at (301) 870-1200. We are seasoned and skilled divorce and family law attorneys in Waldorf, Maryland.

The reason that parents cannot agree to waive child support is that child support payments are for the child or children, not the parents. In a manner of speaking, child support is property that belongs to the child or children. A parent cannot agree to waive or do anything to take property away from the child or children.

However, depending on the parents, there are some options to explore.

Agreeing to joint custody is an option

If the parents are really set on avoiding child support payments, one option is for the parents to agree to joint custody arrangements. In general, child support payments are based on income and the amount of time that child or children live with each parent. A 50/50 split on physical custody will lessen the amount of child support under the Maryland Guidelines. However, if there is a big difference between the earnings of the parents, shared physical custody will not eliminate child support payments. The higher-earning parent will still be required to make child support payments.

Waiving or agreeing to less alimony

Another option exists where the custodial parent will likely be entitled to alimony. In this sort of case, it is possible for the custodial parent to agree to a reduced alimony amount or to agree to waive alimony. From a financial standpoint, waiving alimony can be the equivalent of waving child support.

Overcoming other potential barriers

Typically, parents who have the idea of waiving child support payments do so because of other reasons not related to the children. For example, in particularly acrimonious divorces, one parent may want to skip the child support because they just cannot handle writing checks to their ex or cannot abide having a check arrive in the mail from their ex. However, since child support cannot be waived, there are some options to mitigate the tensions, including:

• Direct deposits from the paying spouse
• Wage withholdings from the paying parent’s employer
• Setting up an account with the Maryland Department of Human Services, allowing payment and receipt through that system
• Using a third party to receive and forward payments — like an attorney’s office
• And more

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.