Child support negotiation involves a number of issues that can complicate the process. For example, some divorced parents want to waive or reduce a child support agreement as part of a larger divorce settlement deal negotiated between the parents. New Jersey judges can intervene by altering the child support amount or changing the date on which child support terminates. In some cases, judges can even void an otherwise mutually acceptable agreement. These thorny problems can be resolved by working with an experienced New Jersey family law attorney.
Sometimes divorced parents want to negotiate an agreement that reduces or eliminates a child support obligation in exchange for some other benefit, but problems can emerge because New Jersey courts recognize that the right to child support belongs exclusively to the child. This fact doesn’t change even when both parents agree to modify or terminate a child support agreement. The New Jersey Appellate Court case of Faro v. Heyden held that “even an explicit waiver agreement cannot vitiate a child’s right to support.” Continue reading