Can Child Support Be Waived if the Custodial Parent Agrees?
Child support is an instrumental legal tool that helps provide for your children’s needs after a divorce or separation. However, not all family situations are alike, and you may wonder whether a custodial parent can waive receiving child support in unique cases. In today’s blog post, we’ll explain Illinois’s position on the issue.
The Basics of Child Support in Illinois
The Illinois Marriage and Dissolution of Marriage Act governs child support in the state. It prescribes an “income shares” model for calculating child support that considers the following factors:
- Both of the parents’ gross incomes
- How many children need support
- The number of overnights that the children have with each parent
- Any spousal maintenance paid/received
- The children’s healthcare and education expenses
- Any special needs the children have
The court may hold one or both parents liable to pay child support in an amount that is reasonable, necessary, and resembles the the parents’ combined income if they had stayed together. Obligations may change over time, but they will remain until the youngest child turns 18 or graduates from high school in most cases.
Most importantly, child support is the children’s right in Illinois, not the parents’. It is an obligation that exists to protect children’s well-being, rather than a matter between adults.
Agreements To Waive Child Support
Under the landmark precedent set in Blisset v. Blisset (1988), agreements to waive child support are technically possible, but not automatically enforceable. In this case, a custodial parent informally agreed to waive child support in exchange for the non-custodial parent, who was delinquent on child support, giving up his right to visitation. The Supreme Court of Illinois ruled this agreement was unenforceable since it did not have court approval and acted against the fundamental interests of the child.
Waiving child support is considered a deviation from the state guidelines. Courts can make a deviation if they find that following the guidelines would not be appropriate, equitable, or just, and they must issue a written explanation detailing their reasoning. However, if a judge finds that waiving child support would not provide adequately for the children’s needs, then they have the power to not recognize the agreement and issue a support order.
Practical Considerations Behind Waiving Child Support in Illinois
There are a few reasons why a custodial parent may consider waiving child support. Sometimes, the non-custodial parent has limited income. Other times, the parents have already made an informal financial agreement and want the court’s approval to continue with it.
Despite these reasons, courts are generally reluctant to approve a child support waiver, and custodial parents should not decide to pursue a waiver lightly. You should consider your children’s long-term needs and whether you can independently provide for them, both now and in the future. If you aren’t financially prepared, an unexpected event like job loss or a medical emergency could jeopardize your ability to provide.
Even in the rare event that a judge approves an agreement to waive child support, the custodial parent still reserves the right to petition for support in the future if their circumstances or their children’s needs change.
Contact a Gurnee, IL Child Support Lawyer
The Gurnee child support attorneys of Gravel & Wechter, P.C. can offer informed advice for your family’s unique situation. We focus on Lake County and have become well acquainted with the area’s court system over the last 25 years and 3,000 cases we’ve handled. Our approach is compassionate toward you, and always bold when it comes to protecting your children’s best interests. Contact us today for a free initial consultation.