Family Law Questions? Ask a Family Lawyer Online.
Actually, you are going to have a problem. Child support is awarded to the parent, not the child. The LA Supreme Court has stated, in order for such a waiver of benefits established by law to be valid, it must be expressly, knowingly and voluntarily made—the intentional relinquishment of a known right. Michel v. Efferson, 223 La. 136, 65 So.2d 115 (1953). The stipulation contained in the consent agreement in this case complies with these requirements; it expressly stated that by reason of "the joint consent and mutual agreement of both parties" the child support obligation could be altered or modified "without either party then having to prove any change in circumstances." See: