No. Child support is paid for the benefit of the child, and Wisconsin law does not allow parents to waive support on the child’s behalf. There are good reasons for this. First, financial circumstances change. Today, the parents may both earn similar incomes, and have similar means of supporting a child. But what if a parent loses a job, or experiences a large increase in expenses? What if one parent’s income increases substantially, which could have resulted in a greater financial benefit for the child through support? Finally, what would happen when the child’s needs increase, whether because of health issues, special needs, or just the normal increase in costs as children age? Wisconsin courts retain the authority to start, end, or modify child support until the child reaches the age of majority to ensure that needs are met. Child support is not required, however, if the parents make an alternate agreement. There are several ways to defer, structure, or put support on hold to reach a fair agreement that works for parents and children. Such agreements must be very carefully drafted, however, to comply with Wisconsin law and receive a judge’s approval. I have drafted several such agreements, and I am always willing to work with clients to innovate an individualized solution. I encourage you to contact me to discuss.
/ / WISCONSIN DIVORCE AND FAMILY LAW: CAN I WAIVE CHILD SUPPORT?