How do I word in the divorce if I am getting custody with no child suport as agreed by both parties?
Full Question:
Answer:
Child support payments in Texas are based on statutory guidelines for percentages of the non-custodial parent’s assets. Some courts will not allow the parties to waive child support requirement even if the parties are in agreement. Generally, the right to waive the support is construed to belong to the child and not to the parent with whom the child lives. Since the child is not competent to make this kind of decision, the court is very reluctant to allow child support to be waived. It will be a subjective matter of determination for the court based on all the facts and circumstances in each case. The overriding determining factor is the child’s best interest and the child support ordered in the decree will ultimately be a matter for the court to specify.
The following is a TX statute:
§ 7.006 FAM. FAM. Agreement Incident to Divorce or
Annulment
(a) To promote amicable settlement of disputes in a suit for divorce or
annulment, the spouses may enter into a written agreement concerning the
division of the property and the liabilities of the spouses and
maintenance of either spouse. The agreement may be revised or repudiated
before rendition of the divorce or annulment unless the agreement is
binding under another rule of law.
(b) If the court finds that the terms of the written agreement in a
divorce or annulment are just and right, those terms are binding on the
court. If the court approves the agreement, the court may set forth the
agreement in full or incorporate the agreement by reference in the final
decree.
(c) If the court finds that the terms of the written agreement in a
divorce or annulment are not just and right, the court may request the
spouses to submit a revised agreement or may set the case for a contested
hearing.