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Divorce Lawyers San Antonio

April 6, 2007

Can parties agree that there will be no child support order?

Filed under: Child Support — admin @ 11:40 am

 

Typically, the courts frown upon parties and do not wish to have a child-support order.  In the local jurisdiction which I practice, the judges will insist on there being an order for support for the party that has primary physical custody of the minor child or children.  What the court cannot do, is to force a person to accept child support payments or otherwise enforce a child-support order, if the recipient does not wish to move forward with the order.  There are certain circumstances where the payor is making significantly less than the payee, and the payee does not wish to accept payments from the payor.  In those circumstances, there often has to be an order of support filed with the court, yet unenforced, by the parties.  The risk in doing this, is that any time, the payee can attempt to enforce the order, which has not been complied with at all.

 

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