Can I waive child support in NY?
Asked by: Mr. Bud Collins I | Last update: December 27, 2025Score: 4.1/5 (17 votes)
Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving.
Can parents agree to no child support in New York?
Can Parents Agree To No Child Support? Yes, in some cases if you and your spouse are able to come to an agreement on how you want to handle your child support issue, you may waive the traditional New York child support method.
How can I legally stop child support in NY?
- Marriage of the child.
- The child habitually residing with a person of the opposite sex.
- Death of the wife or the child.
- Permanent residence located away from the custodial parent.
- Attainment of 21 years of age.
- Entry into the armed forces.
- Engagement in full-time employment by the child.
Is child support mandatory in NY?
In New York, child support payments are mandatory. In many instances, parents may create their own agreement that deviates from the Child Support Standards Act (CSSA) used in New York to calculate these payments. However, a judge must still approve the payment amount determined by the parents.
Can we agree to no child support?
Can California Parents Agree That Neither Needs to Pay Child Support? California child support laws state both parents are mutually responsible for the support of their children. This means, technically, parents do not have the authority to waive or eliminate child support obligations, even if both parents agree.
Can We WAIVE CHILD SUPPORT By Agreement?
Can fathers opt out of child support?
In some states, a non-custodial parent can opt out of paying child support even though the custodial parent expects payments. But this is usually only possible if the non-custodial parent is willing to completely give up his or her parental rights of the child.
Can you say you don't want child support?
Generally speaking, the answer to this question is yes; a parent can refuse to accept child support. Most courts encourage parents to cooperate with each other and will not stand in the way of any agreements the parents reach, however, there are some exceptions to this rule.
Can you negotiate child support in NY?
Yes, parents have the option to negotiate child support agreements outside of court through mediation or collaborative law processes.
How much back child support is a felony in NY?
How Much Back Child Support is a Felony in New York? Failure to comply with child support payments in New York is a form of child neglect and, in extreme child support cases over $10,000, should be guilty of a class E felony punishable under the penal code.
Is child support unconstitutional?
Child support enforcement is generally not considered unconstitutional, and it's primarily governed by state laws rather than federal constitutional provisions.
How far behind in child support before a warrant is issued in NY?
Cases are referred to the NY State Department of Taxation and Finance for identification and seizure of assets to satisfy past-due support obligations if the amount owed is equal to or greater than four months of the current obligation amount, greater than $500, and no payments have been received from payroll ...
How much child support will I pay if I make $1000 a week?
Using a standard calculation, an individual earning $1,000 a week might pay around $250 per month for one child, though this figure can vary significantly based on specific circumstances and local county guidelines.
Can child support be waived in NYS?
Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving.
How to avoid child support in NY?
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
Can I be forced to support my parents?
In California, filial responsibility laws could obligate an adult child to financially support their infirm or indigent parent. Learn about how this duty of filial responsibility applies to estate and trust litigation by reading our in-depth analysis of California Family Code section 4400.
Can child support arrears be forgiven in NY?
State-owed debt cannot be forgiven.
Can child support repo my car?
Pay Whatever You Have for Child Support
Wage garnishment is a thing and the custodial parent may seize your personal property, like your car, motorcycle, or boat if child support money is not provided.
What is the legal age to stop paying child support in New York?
In New York, orders requiring the payment of child support typically terminate at age 21, unless the parties have specifically agreed, in a written stipulation, that child support would continue beyond age 21.
Can both parents agree to no child support?
In other cases, they may simply be worried that they cannot afford the payments set by the court. Even if you and your spouse make a verbal agreement not to pursue child support, you are legally prohibited from waiving child support in California.
What is the lowest amount of child support in NY?
If the court finds that the needs of the child are not being met financially, then the needs of the child for support may override the written agreement of both parents. Most courts will require a minimum of $25.00 per month per child, even if a party gives up the right to receive child support.
Can mother cancel child support in NY?
Only a petition to terminate child support in NY cancels the payments after the court reviews the specific circumstances used as grounds for termination. However, either one of the parents can request a modification to the settlement if there is a significant change in the earnings of the noncustodial parent.
Can I take my ex off child support?
If the financial situation of either parent changes dramatically and they jointly agree that child support is no longer necessary, they can jointly petition the court to terminate the child support obligation. A change in the child's situation can be grounds for termination of child support as well.
Does dad have to pay child support with 50/50?
It seems logical that if your custody is shared, you each cover costs for the child when the child is with you. However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.
Can you refuse to pay child support in the USA?
For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000.