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If you have divorce questions

Can I Waive Child Support in My Georgia Divorce?

The short answer to the above posed question is no. One parent may not waive the child support obligation of the other parent during divorce. Now, for the more detailed answer…

Although almost every aspect of Georgia divorce may be negotiated between the two parties, child support is an area of Georgia divorce that may not be completely controlled by the agreement between the two parties to divorce. Specifically, child support may not be waived by the custodial parent on behalf of a minor child. Child support is a right that belongs solely to the minor child or children involved in the matter, not the parents. Bisher v. Jones, 267 Ga.App. 389 (2004). Although a parent may not waive the right to child support, parents may come to a mutual agreement concerning the amount of child support to be paid by the non-custodial parent, so long as the agreed upon amount comports with the standards set out by Georgia’s Child Support Calculator. Additionally, parents may also agree that the parent obligated to pay child support will give up his or her right to seek a downward modification, or reduction, in the amount of child support to be paid to the custodial parent. Forrester v. Buerger, 241 Ga. 34 (1978).

For more information about child support in Georgia, and what parents may agree upon, and what parents may not agree upon as it relates to child support in Georgia, contact one of our knowledgeable divorce professionals at Meriwether & Tharp.


Child Support
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