Can the courts make you pay child support if both parents agree that payment is not needed?

Question

We live in Canada MB

Answer 1

No if both parents are in agreement the courts will not enforce support.

Answer 2

If the custodial parent is getting any government assistance, (I believe) they can require it, even if both parents agree on no child support.

Answer 3

The courts can (and probably will order it).  But just because there is an order doesn't mean the parents have to abide by it.  Since you would pay your child support directly to your ex-spouse, no one would know what you pay, when you pay, etc.  So, unless the court requires wage garnishment, you can basically ignore the order with your ex-spouse's consent.

Answer 4

the support is for the welfare of child so it really doesn't make any difference what the parent's want. if court ordered, someones going to have to pay support.

Answer 5

It depends on the State where you live. In Florida, it does not matter if the parents agree to no support. Support is for the CHILD not the parents and ordered anyway.

Answer 6

Yes, because circumstances change (as do peoples minds). The money "could" be given back to the payer. Should the person receiving the payments file for  Government assistance, such as Welfare or Children's insurance, the person paying the support would be charged for it.

Answer 7

No.It the parents agree that no support is needed there would be

no need for any order. However if for some reason they did order it both parents could just ignore the order and carry on. The court would have no interest in following up on whether the money was being

paid.

Answer 8

In Canada, yes they can. A recent Supreme Court decision has ruled it is the Judge's duty to look out for the best interests of the child, not necessarily the wants and needs of either or both parents.

Even in a situation where the parents have 50/50 time with the child, the parent making more money often times has to still pay support to the other parent, the reason being that the child should have the same standard of living at both homes.

EDIT: I am a MB Paralegal...your best bet is to enter the order with the table amount that would be payable, and then whomever is the receipient of the support could sign a Maitenance Enforcement Opt Out form so that the courts and maintenance enforcement wouldn't be involved in the enforcement of the order.

Answer 9

yes, it is about te child not the parents.

Any custodial parent who does not get the arrangement in writing thru the court is a fool and will regret it big time.

Answer 10

i think no.

but its all up to the judge...

Answer 11

In most states some form of child support will be ordered from the non-custodial parent.

If both parents agree that no child support should be paid then they would need to get the court to so order. Otherwise the bill for child support will get ever larger and become more of a problem as time goes on. Family courts don't like to hear that there was a mutual agreement between the divorced parents but they forgot to tell the court about it.

Answer 12

the law in most states of the usa is that it is the obligation of both parents of a child to provide support for the child.  each state has laws regarding financial formulas to determine the support needed in each case.  there would have to be exceptional circumstances indeed to relieve a parent of any financial obligation of support.  i can myself envision no circumstance where a child (or anyone of any age) is best served by someone deciding to do without the money. if the custodial parent sees no immediate need for the support money, he/she should put it aside in some sort of savings account or investment vehicle for the child's future.                                                                              if the parents do not live together with the child, there is usually a point where one parent seeks court assistance to determine issues involving the child.  the court is very likely to order custody and support orders that may or may not reflect the parent's agreement.  most states require the court to enter orders "in the best interest of the child."  while parents wishes are certainly considered, the judge has authority and responsibility to order differently.  if the court orders a support amount, it will probably order that the support be paid through a child support registry.  you should be aware that such registries have automated computer systems to track child support payments.  so despite what another answerer says, once support orders are entered, fail to pay at your peril. despite any side agreements you may have with the other parent.