Question:

My wife and I are negotiating our uncontested divorce pro se and trying to reach a divorce settlement.

In lieu of child support payments, we agree that I would continue to pay off a community-property debt we incurred while married.

How do we incorporate our waiving of child support into our divorce settlement?

Answer:

I am unable to give you legal advice on divorce. I can only give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am temporarily permitted to practice.

With regard to settling your uncontested divorce case, you can certainly decide to waive certain things such as maintenance. However, many courts will not allow parties to waive the statutory child support requirement, even if the parties are in agreement. 

While a court's decision certainly depends upon the specific circumstances of the parties, the right to "waive" child support is generally construed as belonging to the child and not to the parent. 

Since a minor child is not competent to make this kind of decision, courts are very reluctant to allow child support to be waived as a result. 

Accordingly, I recommend that you contact a mens divorce attorney in your state who can further assist you in this endeavor and who can also advise you on all state and local rules/requirements governing the same. Remember, I am unable to provide you with anything more than divorce tips for men.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, a St. Louis divorce lawyer, contact Cordell & Cordell Law Firm.