In this video attorney Megan Wilson answers if child support can be waived. View the video below or see the transcript below to hear Megan’s answer to this difficult question.
This is attorney Megan Wilson at Douglas and Runger again. I am back to talk about some common questions, concerns that come up in my practice. For those of you who don’t know or have not already figured it out by my multitude of videos, I deal with divorce, I’m a family law divorce attorney. That is what 90% of our practice is. And the question or concern that I get fairly often is asked me if you can waive child support.
So I’ve had several clients over the years, who and we started discussing parenting time and parenting plans. And then we get into a child support worksheet, the response is, “I don’t like think mother bear. I don’t want child support, I’ll need it. I’m not going to take it.” In short, you can’t do that. Can you waive child support, the answer in short, is no you cannot. There may be some situations where you can agree to a downward deviation, is what we call it, which is a decrease in the child support amount. However, courts really look closely at those and don’t grade them. You have to have a really good reason. And it needs to be a low amount. If you know I’ve had people waive child support, or agree to a downward deviation when the amount is 60 bucks a court, probably going to be okay. But they don’t have to. They don’t have to accept that because the law does not say that you can waive child support. And the reason is because the child support is not your money, it’s your child.
So courts were routinely letting people waive child support they would be doing the children a disservice and not the parent, what I typically tell my clients who say that they don’t want Child Support is. That’s not an option. We have to have child support, we have to do a child support worksheet. And whatever the worksheet says the child support about is, is what the courts are gonna order. If you don’t want to accept it.
Here’s what you do: open an account or your bank, a new separate account, you can put your child’s name on it with you if you want to. And put every child support check you get in there. And then when you’re, you know, you have a 16 year old all of a sudden and you’re looking at getting them a car, you have a whole bank account of child support that you use. If you don’t want to spend it even then you can sign it over to your child when they turn 18, you can use it for college expenses for them, you could use it for tuition for them. It’s still your money even after they’re 18 the parents still it’s still your money. So you can use it how you see fit. You can pay tuition, you can use it to give. Let’s say you decide to give up your job. $152 a week spending money is kind of an allowance while they’re in college. You could do that with that account, you can portion it out. So, waving child sports is an option, but saving Child Support is certainly an option and a good idea, and it’s going to help you later on and your child. It’s going to help you provide for you this home, it’s not you know if you use that money in that account. So you’ve saved it all these years, you use that money in that account to then buy your 16 year old car. It’s not like the cars coming from the other parent who paid all the child support because you’re the one who saved it You’re the one who’s not used it for day to day expenses, which is your absolute right if you choose to do so. And you’ve saved it up and decided to make this big purchase or if your child, you know, child sport gets rid of when they’re younger then they get into high school and they get into some very expensive extracurricular I rode horses, growing up. That is incredibly expensive, you can always save child support, and put it towards that. Open it turns your half of that, if there’s an order that you and the other parent split extracurricular expenses. So you can’t wait child support but you can save it and you can choose to do something with it later that will benefit your child as an adult, or as an older team, when there are some big ticket expenses that come along. Or you can always just give it to your child when they turn 18, or when they turned 20, or when they graduate college or at any time that you see fit. You could always sign that account over to them and say, hey, I’ve saved this for all these years, kind of for an emergency and here’s what’s left of it, it’s yours to start your life, that I think would be a really nice gift to be able to give to your child. I’m not at all saying that you should do this. If you receive junk. However, if you are Child Support averse, if you are. If you don’t want child support. You don’t want to you want to be able to waive it, but you can’t. This is an option, most people use their child support for living expenses to raise their child that is absolutely fine that’s what it’s for. You’re not supposed to be storing it away. But if you don’t want it and don’t need it, and choose not to use it. This is an option. So this is just something that I advise my clients to do when they would like to waive Child Support since the law doesn’t allow for that there are certainly other things that you can do if you are receiving child support that you don’t really want but this, I think. Typically people, people think this is a good idea that this is an option for them. So, just another another idea from the Office of Megan Wilson. Thanks for watching, don’t forget to call if you have questions about a family law case or if you want to see if maybe I can take your case. Thanks.
If you have any further questions do not hesitate to call Megan or her team at Douglass and Runger at (901) 388-5805 relating to other questions you may have about the will divorce process.