Can Parents Agree to No Child Support?

Child support is one of the most important elements of any divorce or custody case. After all, it helps to ensure that your child continues receiving the same level of material support they got when you and your former spouse were together. This helps maintain their well-being not just physically, but also emotionally, as it tends to mitigate the potential for disruptions in household stability. This is especially important at a time when they may feel other areas of their life are not so predictable as a result of divorce and changes to the family unit. 

However, in some instances, families may consider whether it’s strictly necessary for both parents to pay child support. This may be because one parent’s financial situation isn’t solid. It may also be that both parents would prefer alternative and perhaps less official arrangements.

As with many family law matters, this can be quite a complex issue and certainly benefits from the insights of an experienced Florida family law attorney. Nevertheless, we’re going to take a look at some of the key factors that determine whether parents can agree to not paying child support. 

Is No Child Support Legally Possible?

Let’s deal with the simple answer to the question first. Can parents agree to no child support? Well, due to the way Florida approaches child support this isn’t usually a legal possibility.

The simplest explanation for this is that Florida uses the shared income model to determine the legal basis for child support. In essence, it asserts that in all scenarios, the calculations for the minimum amount of child support to be paid must be based on both parents’ income. All relevant expenses are taken into consideration and a percentage of a minimum amount of support per child is divided according to each parent’s earnings. This helps to keep child support fair for everyone involved.

This doesn’t mean that there isn’t potential for parents to make their own agreements in relation to child support. Obviously, a proposal that sees either parent paying above the standard amount can form part of any child support agreement. But what about agreements that see a parent paying less or no child support?

Well, the former is more likely to see approval than the latter. There may be some argument for a parent with no income to pay no child support. Though, this is usually a temporary measure and unlikely to see approval at all if the parent is willfully remaining unemployed. Indeed, in this instance, the Florida courts can impute income. This effectively bases the obligated support amount on the income the unemployed parent has the potential to earn.

If the agreement between the parents sees one paying less than the standard amount, the courts would still assess whether this remains in the child’s best interests. They will seek to establish whether the child is likely to have a poorer or better standard of living due to the agreement and make a judgment based on this.

What About Informal Agreements?

So, what if parents decide not to involve the courts or attorneys in the matter? Can they agree to no child support? Certainly, without anybody to make any kind of administrative record of the support plan, parents could technically make any kind of informal decision they want to. Though this isn’t the same as saying such a move is in any way wise or legally supported.

It may seem as though not involving lawyers or the courts simplifies the process. Unfortunately, it tends to make matters much more complex.

The child’s rights

Firstly, legally speaking, parents don’t necessarily have the right to decide between them that child support isn’t needed. This is because it’s not the parents that have a legal right to expect their former partner to pay towards the child’s upkeep. Rather, it is the child that has the non-negotiable right to receive adequate support from both parents.

While parents can often make decisions on behalf of their minor children, this is not one they can easily influence. Parents can’t legally or morally expect to be able to waive their children’s rights on their behalf. This is one of the reasons it is so important to at least collaborate with an attorney on such matters to ensure you’re not breaching your child’s rights in negotiating support with your partner. 

Enforcement

Another issue to consider with informal agreements is that they are usually not easily legally enforceable or defendable. If the non-paying parent is suddenly informed by their former partner that they will now be seeking child support, they cannot argue that a previous informal agreement should continue. Remember, Florida family law doesn’t not consider such agreements to be legally recognized and will be unlikely to find in the non-paying parent’s favor. Indeed, there may be potential for the courts to award back payments.

Seeking government assistance

Additionally, there can be problems if either parent seeks government assistance for the upkeep of shared children. For instance, if a parent applies for the Supplemental Nutrition Assistance Program (SNAP) — otherwise known as food stamps — the Florida Department of Children and Families Office of Economic Self-Sufficiency (ESS) will likely seek confirmation of the amount of child support being received by the applicant parent in determining eligibility. In some instances, they may also make it a condition of eligibility that both parents cooperate with the state’s child support enforcement program. Therefore, an informal non-payment agreement is particularly unwise for families that are already facing the challenges of lower income.

Are There Potential Alternatives?

Traditional child support arrangements are designed to provide a clear and structured framework for financial contributions. That said, with both the parents’ and the court’s approval, there is some potential for alternative approaches. Remember, though, that these will be reviewed based on whether they put the child’s well-being first. Therefore, it's important to work alongside an attorney with experience representing men and their children in Florida to ensure you’re always meeting the required needs.

Shared expenses agreement

Instead of a fixed child support amount, parents may be able to opt for a shared expenses agreement. This involves collaborating on covering specific costs associated with the child's upbringing. In most cases, this includes education, healthcare, extracurricular activities, and other essential needs. The agreement will divide responsibilities based on specific expenses, which will be outlined during the formal negotiation process. While each parent still contributes fairly to the child’s well-being, there isn’t a technical provision of child support.

Termination of parental rights

An extreme alternative to child support is to terminate parental rights. Effectively, this is a formal application to voluntarily surrender all rights someone has as a parent. If accepted by the courts, this move also means they no longer have financial obligations. While this means no child support needs to be paid, it also means that the parent doesn’t have any rights to custody, visitation, or to make decisions about the child’s life. Therefore, though it’s an option, it would be considered an extremely unwise option simply to circumvent child support legislation.

The viable alternatives to child support are few and far between. Indeed, the shared income model that Florida uses tends to be popular because it puts the child’s needs first in a fair and well-considered way. If you have concerns about whether the current child support approach may cause undue hardships or isn’t flexible enough, it’s wise to consult with your attorney to establish adjustments to agreements that are mutually beneficial to you, your former partner, and — most importantly — your child.

Call The Family Law Attorneys Men Trust (813) 415-3510

In Law We Trust Divorce and Family Lawyers is a premier firm of divorce lawyers representing men in family law proceedings. We have years of experience representing men who are navigating child support challenges, including seeking alternative arrangements. Our team’s experience and skills help to guide our clients through the hurdles of the Florida family law courts. Call us today and get the proper representation men need and deserve.