Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is ***** ***** I'll be glad to assist.
Unfortunately for him, the letter is useless because the mother does not have the right or ability to waive his obligation to pay child support. The reason is because the money belongs to the child -- not the mother (or father) -- and judges are the only people that can waive support for a child.
A judge can approve a request that no child support be ordered, but it usually requires proof that both parents spend an equal time with the child and that both parents make virtually the same amount of money......so, the cases in which a judge doesn't order child support is rare.
But, in order for child support to be ordered by a court, the mother would have to file a petition and ask for it.....and maybe the mother doesn't do that -- or doesn't think she can do that -- based on this agreement.
If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again.