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Private agreements between parties about child support are not binding.
And, private agreements between parties in conflict of a standing order are also not binding.
Which means that if the two parents sign a document that states that (a) the child can come live with her and (b) she will not ask for child support, neither of these clauses would be enforceable.
Then how to execute this?
The two parents have to file a joint modification of custody petition with the court. See here
. The link is meant for a contested modification, but it will give you a good idea of how a modification is done, anyhow.
One the Petition for Modification of Custody and Support is filed, it should be set on an uncontested docket with the court. The petition should reflect that NO CHILD SUPPORT is to be paid, and, that custody is transferred to the mother.
Then, the Court will sign off on it and it will be binding.
However, without going to court, one has no guarantee that any private agreement cannot be reneged by her.
In addition, know that she can still ask for child support later, but she would have to prove that there has been a "significant change of circumstance" since the original modification to warrant her request, such as her losing her job. Unfortunately, there is no way to permanently ensure that she cannot ask for child support later, but it does not mean that the Court will approve it if she does.
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