Do I Have the Right to Waive the Receipt of Child Support?

Alan R. Burton Attorney at Law

No. Child support is a benefit and entitlement for a minor child. Under Florida law, a parent does not have the legal right to waive the receipt of child support. Also, a parent does not have the unilateral right to determine how much he or she wants to pay, nor can the recipient parent due the same thing. Any agreements which purport to do so are against the public policy in the state of Florida and are unenforceable.

There are many, many cases which deal with this very issue. Just a few to read which are instructive, are as follows: Lester v. Lester, 736 So.2d 1257 (Fla. 4th DCA 1999); Strickland v. Strickland, 344 So.2d 931 (Fla. 2nd DCA 1977; Brock v. Hudson, 494 So.2d 285 (Fla. 1st DCA 1986); and Warrick v. Hender, 198 So.2d 348 (Fla. 4th DCA 1967).

The amount of child support to be paid is determined by statute in Florida. This section is known as the child support guidelines in Florida, and is found under in Florida Statue 61.30. The judge assigned to your case is going to make certain that a “Child Support Guideline Worksheet” is filed in your case, and that the appropriate amount of child support, as required by law, is being paid.

The new child support statute in Florida does have significant changes from previous versions. The statute takes into consideration credits or reduction as to the amount required to be paid as a result of “substantial time sharing”.

Substantial time sharing, as that term is defined under Florida law, would be any amount of overnight time with the children in excess of 20% of the year, or at least 73 overnight visits throughout the course of a year.

Client Reviews

Alan R. Burton is a good human being but truly a great lawyer. Alan R. Burton took my very weak case but with his dedication and smartness Alan R. Burton ended up winning it for me and most important Alan R. Burton won the case with 0% tolerance for lies and 100% for truth. I’m simply convinced with...

Amer A.

"Alan Burton represented me on a tough child support case. He was extremely professional, aggressive and ethical in the courtroom. He is very honest and knowledgeable. I would highly recommend him for any case, no questions asked. Thank you Mr. Burton for all of your help and support through this...

Abigail A.

"As a single working mother of two young children, I totally appreciated Alan's flexibility to E mail and to converse by phone. There were times I could only respond or ask questions regarding my case well after 6 P.M. and Alan always made himself available to suit my schedule. Alan is a single dad...

Stephanie C.

"I give great pleasure in writing this review for Mr. Alan Burton. He was a tremendous help in resolving my foreign divorce/child custody case. Very competent, knowledgeable and always available; day and night. I am located in the Middle East and had a very complicated divorce/child custody case...

David A.

"As any devoted parent who loves their children, imagine the thought of your children being abducted by another parent. The feeling of not knowing if you will ever get them back, the anxiety of court proceedings, and a possible International custody battle. This is something I would never want any...

Stefan B.

Get in Touch

  1. 1 Free Consultation
  2. 2 40 Years of Experience
  3. 3 Speak Directly to an Attorney
Fill out the contact form or call us at (954) 229-1660 to schedule your free consultation.

Leave Us a Message