Can Custodial Parent Waive Child Support in Florida

by Robert from Miami, Florida, Miami-Dade County

My wife and I are getting divorced and we both have a 2 year old child. However, she has said that she does not want any child support from me. Is it possible for her to refuse child support in Florida?

How will it affect me as the non-custodial parent?

Answer to Florida Child Support Question

Dear Robert,

In theory child support and child visitation (time-sharing) are two completely separate issues.

Florida courts consider the best interests of the child in all issues surrounding child support and visitation.

You don't say in your question, why your wife does not want child support.

In general it is not her decision, child support is awarded based on the Financial Affidavits of both parents and the Child Support Guidelines Worksheet.

All of these forms are available on the Florida Supreme Court's website at www.flcourts.org. Also on the Florida Courts website is Form 12.943, Motion to Deviate from Child Support Guidelines. The instructions for the Motion to Deviate from Child Support Guidelines form state in part:

Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes. The court, at its discretion, may raise or lower the child support guidelines amount by up to 5%.

In addition, the court may raise or lower the guidelines support amount by more than 5%, if written reasons are given for the adjustment. The court may make these additional adjustments based on certain considerations, which are reflected in this form.

You should review this form to determine if any of the reasons for adjusting the child support guidelines amount apply to your situation; and you should complete this form only if you want the court to order more child support or less child support than the amount required by the child support guidelines.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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