Is there anything legally that prohibits ending child support if the two parties agree to do so?

Question

My former wife and I recently were discussing some child support arrangements and legal last name changes of our children.She has custody. When the idea and request to end child support in exchange for our children taking on her new husbands last name came up, she said that her attorney said that this is legally not possible. Is child support a legal requirement, even if the two parties agree to refrain and write out an agreement to end child support?

(Please, if you only want to bash this child support payor {me} for asking this question, keep your thoughts to yourself...this is not the forum for this behavior and will be reported to the Yahoo community leads-thanks)

Answer 1

you would have to sign all legal rights away from your children in order to have the names changed..are you willing to do that..legally no child's name can be changed without giving up your parental rights..see a lawyer

Answer 2

you must give up all parental rights to your children.I think the new husband has to adopt.

Answer 3

Two parties cannot legally agree to give up something that is owned by neither of them.  Child support belongs to the child, not to either parent.

Consult your attorney.

You could present a joint motion or agreed motion to modify support, but the court is obligated to act in the best interest of the child.  Until you relinquish your parental rights at the time this stepfather adopts, it seems very unlikely that the court would approve.

Consult your attorney.

The child support remains a legal obligation until a court ends it.

Be very careful.  You could be setting yourself up.  Suppose you sign the "agreement" and ten years down the line, she takes you to court for nonpayment.  The court does not have to recognize the "agreement" and you may be required to pay all that arrearage.

Consult your attorney.

Answer 4

The only way this can happen is if you give up all your rights as a parent. The new father adopts the kids and you are totally off the hook,   no child support,  no visitation rights,  you will be totally free.  Of course,  this will require the court's approval and to get that,  all three adults and all the kids will have to be involved.  

If you do not give up your rights as a parent you still have to pay child support regardless of what the mother says.   States have a minimum amount that you have to pay and you will have to pay it.  If you stop paying it,  the state can come after you.  

Answer 5

The only way to terminate your child support payments is to legally terminate your parenthood to the children. In most states, this can only be done if there is someone to take your place and adopt the child. It sounds as if the new husband is willing to do so.

Without termination, even if your ex agrees to take no payments, the money is considered the children's money and the back support will add up over time if you do not pay it. Your ex could also be fined for not going after you for the money on the grounds of negligence by not properly supporting the children with what is rightfully theirs.

If you and your ex do slip through the legal cracks, your kids later could sue you for back support.

If you do decide to terminate your parenthood, keep in mind that you will have as much rights to your kids as a sperm donor: None.

Think good and hard before making any deals with your ex. If you want to stay in your kid's lives, I suggest you talk to an attorney. Your entire future as a father may depend on it.  

Answer 6

Yes.......you are effectively selling your children for profit.