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Roger, Attorney
Category: Family Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in NJ. Been divorced for almost a year now. I would

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I live in NJ. Been divorced for almost a year now. I would like to give full custody of my son to my ex wife. In turn she has agreed to drop child support. How do I get this process started.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist you.

Unfortunately, you and your ex wife cannot agree to drop child support for your child. This is so because child support belongs to the CHILD - not the parents - and the parents cannot take the money away from the child under any circumstance.

Thus, any agreement you reach would not be legally enforceable. You certainly can give up your custody rights, but it will not translate into you being relieved of your child support obligation - - which is set by statute.

As an alternative, you may be entitled to a reduction in child support, and you could calculate that here:

If you are paying too much, you can file a motion to reduce your support to the correct amount.

I hope this answers your question, but if you need something further, please let me know.
Customer: replied 3 years ago.

ok i can see that giving up custody would not change child support. What do i need to do to start giving up custody?

To do it formally, your ex would have to file a motion to modify custody. Once the motion is filed, you could enter into an agreed order to modify custody.
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