Can parents waive the right to child support in North Carolina?

In some cases, parents might think that letting the other parent off of the hook for child support is a way to get the child custody arrangement that that parents wants.

For example, a mother might think that by offering to not make the father pay child support the father will agree to give her custody of the child.

However, generally speaking, parents cannot waive the right to child support in the state of North Carolina.

Child support is not intended to be used as a bargaining tool in child custody cases. It is ordered for the benefit of the child involved, and so neither parent has the authority to decide that it is not necessary.

Child support is often calculated based on the North Carolina Child Support Guidelines. The guidelines take many variables into account, such as each parent’s income, daycare expenses for the child, the cost of medical insurance for the child, and the child’s living arrangements.

In order for parents to agree to child support payments that are far outside of the range suggested by the guidelines or for the court to order child support in an amount outside of the guidelines, there must be written findings to support this deviation as explained under state law.

In some cases there is good reason for child support amounts to vary from those indicated by the North Carolina child support guideline, such as when a parent’s income is difficult to determine. However, it is rare for the court to issue permission for one parent to waive the right to child support completely.

An experienced family law attorney in your area can provide you with more information on how child support may apply in your case.