Can You Waive Child Support if Everyone Agrees not to Collect it?

People fight about two things in divorce: kids and money.

Child support is the intersection of those two things. So, as you would expect, there are some fights about child support in many Utah divorces.

Sometimes, to lessen the fight, people will try to agree to waive (i.e., not collect) child support.

But, can you actually do this? Can you just waive child support?

The answer is a pretty resounding “no.” The reason for this is child support doesn’t belong to you or your spouse. Child support belongs to your kid(s), so you can’t bargain it away.

Judges guard child support very jealously. This means if you try to agree in divorce papers to not collect child support, your judge will not accept the agreement and will not finalize your divorce.

(I know this because I tried it a few times. Every time, the judges would send back the agreements and tell me to rework the agreement to include child support.)

What all this means is you have to include child support in a Utah divorce agreement. There’s simply no way around that.

Possible Solution

Now, a possible solution is this: you could have a gentlemen’s agreement that, even though child support is in the divorce decree, that the person owed child support will not collect it.

You really need a lot of trust in a situation like this because the person owed child support can turn around at any moment and go collect all the child support you haven’t paid. If you don’t have complete confidence you both will abide by the gentlemen’s agreement, don’ do it.

Honestly, this is the best solution I’ve found to address this problem. It’s far from perfect, but it’s really the best you got.

Published On: April 5th, 2022Categories: Child SupportComments Off on Can You Waive Child Support if Everyone Agrees not to Collect it?
Share This Story, Choose Your Platform!
About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
Contact Us – We Are Here to Help You

Schedule a time to talk with us – we are here to help you. When you meet with your attorney, we will go over your entire case, your children, your money and everything else that’s important to you. Our goal is to remove the fear associated with divorce by protecting your money and maximizing your time with your kids, all within 3-6 months. We look forward to meeting with you!

Call us 24/7 at 801-685-9999 to Speak with a Live Representative
Get A Legal Consultation With An Experienced Utah Attorney
Your privacy is 100% guaranteed, your information will never be sold or shared.

While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

The use of the Internet (or this form) for communication with the firm (or any individual member of the firm) does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.