2001 Airport Thruway     Columbus, Georgia     (706) 596-1010     jwr@roperlaw.com
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PERSONAL INJURY
- Wrongful death
- Road wreck
- Animal bite
- Defective products
- Trip and fall

EMPLOYMENT RIGHTS
- Sexual Harassment
- Gender discrimination
- Equal pay
- Title IX
- Race discrimination
- Age discrimination

CONSUMER RIGHTS
- Auto sales/financing
- Predatory lending
- Credit reporting
- Health clubs
- Illegal debt collection
- Marketing scams
- Insurance bad faith
- Auto dealer fraud

 FAMILY LAW
- Divorce/all issues
- Child custody
- Alimony/Child support
- Support increase
- Support decrease
- Support collection

WHAT IF I DON'T WANT OR NEED SUPPORT
FROM THE NON-CUSTODIAL PARENT?

It is the well-settled law of our state that both parents have an obligation to support their minor children, and the courts take a very dim view of any type of agreement that relieves a parent of their obligation to do so, and will rarely allow such an arrangement. The courts will, in some circumstances (for example, a huge disparity in the incomes of the custodial parent and non-custodial parent exists and the non-custodial parent contributes to the support of the children significantly in other ways) allow and approve an agreement not to pay child support, with written findings supporting such an agreement in line with those set out in the guidelines statute.

Most commonly in my practice, such a request arises at the time of divorce when the custodial parent is making an emotional decision and just wants the pain to stop and thinks they can be rid of a source of pain and buy peace. That ain't gonna happen, and it won't fly with the courts.

Sometimes, folks come to see me and they have divided the children between themselves, and that will certainly affect the allocation of child support responsibility. Sometimes, the obligor becomes disabled and the parties agree to relieve that parent of their child support requirement. If there is an order already in place, this will require a proceeding known as a modification, which will be discussed in more detail elsewhere.

If you are obligated to pay support under an order, you may not agree not to pay child support between yourselves and think that the agreement is enforceable. It is not, and the law could not be more clear on that subject. Parents do not have a right to subvert the court's order with a different arrangement. The order is what it is, and even though a judge might not find you in contempt of court, the arrearage accumulated is still collectible through garnishment of your wages and other ways. Always have an order that spells out clearly what the parties' obligations are.

Back to Support FAQ Page

"Justice denied anywhere diminishes justice everywhere."
-Martin Luther King, Jr.