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Decades Of Litigation Experience

WAIVING CHILD SUPPORT

by | Aug 10, 2021 | Firm News |

By Matt Cavallo, Esq.

Parties to a divorce action may waive child support payments, as the Second Department has stated that “a party may expressly waive future child support payments by agreement.” O’Connor v. Curcio, 281 A.D.2d 100, 105 (2d Dep’t 2001). Parties to a divorce may initially think that waiving such payments cannot be legally agreed upon but such an agreement may be enforceable. See id.

In a case where a parent expressly waived child support payments and the waiver represented a “voluntary and intentional abandonment of a known right,” then said waiver will be enforceable. Id. at 102-05 (internal quotations omitted). Such a waiver can even be made orally and need not be in writing. See id. at 105.

This is important for divorce litigants to know as they are deciding how to settle their divorce case. If the parties feel that one party should bear the cost of raising the children and there is no need for the other to pay child support, the parties should know that such an agreement can be made and may be legally enforceable.