Florida Family Law FAQs

Can a custodial parent waive back child support?

December 8, 2023 in Child and Spousal Support (Alimony), Child Custody and Time-Sharing, Modification to Prior Orders

A parent with substantial timesharing cannot unilaterally waive back child support owed by the other parent in Florida. Child support payments are viewed as the right of the child, and thus, parents do not have the authority to waive these payments. The purpose of child support is to provide for the welfare and needs of the child, and it is not considered a right that belongs to the parents to waive or negotiate away.

If there are outstanding child support arrears, they remain the obligation of the non-custodial parent until paid in full, unless the court decides otherwise. In some cases, the custodial parent and the non-custodial parent might reach an agreement regarding the payment of arrears, but this agreement must be approved by the court. The court will review such agreements to ensure that the best interests of the child are not adversely affected.

Additionally, any modification of child support payments, including the forgiveness of arrears, typically requires a court hearing. During this hearing, the court will consider the child’s needs, the reason for the arrears, and the non-custodial parent’s ability to pay. The court has the discretion to decide whether or not to waive the back child support, but this decision is made with the child’s best interests as the primary consideration.

Understanding the complexities of child support, especially regarding back child support, is crucial for both custodial and non-custodial parents. If you need assistance or have questions about waiving back child support in Florida, don’t hesitate to reach out. Contact Shemtov Hillstrom at (954) 329-2222 for a comprehensive consultation with our experienced trial attorneys. We are committed to guiding you through the legal process, ensuring that the decisions made are in the best interests of your child and comply with Florida law. Let us help you navigate these important financial matters with expertise and care.

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