Child support is your child or children’s right to be supported. I am often been asked if the parties can agree to set their own child support or waive the child support.
Parties may agree to waive child support or set support at an agreed amount. But this agreement is always modifiable as long as the child or children are minors.
Family Courts will not respect the agreement when it has the effect of contracting away a child’s right to support. The Family Court will allow modify the agreed child support amount or waiver to child support guidelines.
Said child support modification only happens on Request for Order of a child support modification. The modification of child support will occur from the date the Request for Order was filed.
The Family Court will not go back in time and adjust child support prior to the date of Request for Order. If neither party requests a modification for child support, than the agreement will stand as written.