Child Support Waiver is Not Permitted
Child Support Waiver in Georgia: Can You Waive Child Support?
Every week we have clients who tell us that both parties have agreed that child support will not be required or is not necessary. We then have to explain that, even in an uncontested divorce, child support must be calculated and approved by the court.
If you’re getting a divorce in Georgia and have minor children, it’s important to know that you cannot waive child support. Child support is a legal right that belongs to the child, not the parent, and it’s required by law. Therefore, under Georgia law, neither parent (custodial or non-custodial) can waive child support.
The Right to Child Support in Georgia
Under Georgia law, minor children have the right to be supported by their parents until they can support themselves. This means that the custodial parent cannot waive child support on behalf of the child, even in an uncontested divorce. That also means that the parties cannot simply agree that there will be no child support paid in a divorce or separation.
Child Support is Required in Divorce Matters
If you’re involved in a divorce that includes minor children, you must properly address child support in your divorce documents. The court will not grant a divorce if child support is not calculated and documented correctly. Even in uncontested divorces, where both parties agree on everything, child support must be calculated according to Georgia law.
Get Legal Representation or Advice
It’s essential to have legal representation or advice from a qualified Georgia attorney who specializes in divorce and child support. We will ensure that your divorce documents are prepared correctly and that you are not attempting to waive child support. At our firm, we always calculate child support for our clients with minor children.
Contact Us for Help
If you’re considering a divorce in Georgia or have questions about child support, we can help. We offer consultations on child support and other topics, or we can fully represent you in an uncontested divorce for a low, flat fee. Don’t risk having your divorce denied by the court due to a child support issue, contact us today.