Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Should You Waive Child Support In Your Divorce Case?

Law Blog

If you're currently in the process of divorcing your child's other parent, you're likely faced with a number of complicated legal and financial decisions about custody arrangements, division of liquid assets, or perhaps even the sale of your marital home. One of these decisions centers around the right of the custodial parent to receive child support. If you're petitioning for full custody, you may be counting on this support to help make ends meet. However, in certain cases, you may want to use child support as a bargaining chip, waiving your right to receive this support if certain conditions are met. Read on to learn more about the conditions under which you can waive child support, as well as the strategic reasons to do so.

Can you waive child support?

Some states frown upon the waiver of child support, or even refuse to allow it. The prevailing idea behind this refusal is that the support doesn't belong to the parent -- it belongs to the child. As the child cannot legally waive his or her right to the support, neither should the parent (in some minds).

There may also be concerns that the custodial parent will end up seeking government aid, such as food stamps or Section 8 housing. In this case, the government may view the waiver of child support as a deliberate refusal of individually-funded benefits in order to qualify for publicly-funded benefits.

However, if you are financially solvent and there are good reasons for you to waive this child support (some of which are detailed below), it is likely that the judge will permit you to do so.

When should you waive child support?

There are several situations in which a waiver of child support may be in your child's best interest.

The first is when there are substantial assets you would like to keep for the care and support of your child. For example, if you and your ex-spouse have a house with a great deal of equity, but not much cash, during the division of property you may be required to buy your ex-spouse out of his or her share of the house. Without a substantial sum of cash, this could mean the house must be sold. However, waiving child support can help even the scales and allow you and your child to remain in your home.

Another situation involves a demonstrated unwillingness of your ex-spouse to live up to his or her financial obligations. If it is clear that any ordered child support is unlikely to be paid, the court may allow you to waive it and keep additional marital assets. This waiver eliminates a financial tie to your ex-spouse and can help make your (and your child's) life easier.

Speak with an attorney like Robert J. Schmit. for more information.


10 December 2014