Can You Give Up Custody to Avoid Paying Child Support?

A child support lawyer provides assistance in understanding the laws related to the support of children in Arizona. Under Arizona’s standard guidelines for child support, the amount of support that one parent must pay to another is determined based on factors including the number of children shared by the parents, the income and financial obligations of each parent, and the amount of time each parent spends with the children in his or her care. 

Singer Pistiner, P.C. can provide help to parents in understanding how Arizona’s child support rules work. Our legal team offers personalized advice specific to your situation. One question that sometimes arises among parents is whether it is possible to avoid paying support by choosing not to be involved in the child’s life. A child support lawyer at our firm can provide you insight into this question and can help you to address other issues that arise in relation to support.

Can You Avoid Child Support By Giving Up Custody?

Under Arizona’s laws, parents typically cannot avoid their obligation to support their children, even if they give up custody of the kids. Parents who do not choose to have custody or who do not have involvement with the lives of their children will still be expected to pay support and can face legal consequences for a failure to pay as required.

The only time a parent can be absolved of the obligation to pay child support for a child is if the parent’s parental rights are terminated. This can happen, for example, in the case of stepparent adoption when a stepparent wants to adopt a child and the biological parent signs off on relinquishing his or her rights so the stepparent adoption can go through. Parental rights can be terminated in limited other circumstances outside of the context of adoption, but the court will typically not terminate someone’s parental rights just because that person does not wish to pay child support.

It is also important to realize that even if the parents come to an agreement that one parent won’t pay support, this may not be enforceable. For example, if mom wants full custody and dad does not want to pay support, the two parents may try to agree that the the mother will take the children in exchange for giving up her right to support.

The courts and the state of Arizona typically will not allow this type of agreement to go forward, though. In fact, even if the mother does not pursue a claim of child support for herself, the state could still try to make the other parent pay, especially if the child is in need of any kind of pubic benefit.

Parents should also be aware that they cannot waive a child’s right to support in a premarital agreement either. If parents try to enter into a premarital contract in which either parent relinquishes custody rights or relinquishes support rights, these clauses are typically not going to be enforced at the time when the marriage ends.

Regardless of the wishes of the parents, the state believes it is sound public policy and it is in the best interests of the child to be able to receive support from both parents. This is why the state makes it difficult to be absolved of an obligation to pay child support, even if parents would prefer to give up their support obligations in exchange for giving up their custody rights. The standard guidelines will be used to determine support, even over parental objections, unless there is a reason for deviation from these guidelines.

Getting Help from A Child Support Lawyer

A child support lawyer at Singer Pistiner, P.C. will offer the personalized help and support that you need to make smart choices about protecting your children and your financial situation. We can work closely with you to get the support that you need if you are a custodial parent and to make sure that the support you are obligated to pay is reasonable and fair if you are the parent who must provide support.

To find out more about how child support laws work in Arizona, download our free divorce guide. You can also give us a call at (480) 418-7011 or contact us online to talk with an attorney at our firm about the help we can provide to you.

Categories

Our Clients Say It All

  • Justin A.

    Jason was absolutely amazing.

  • S.C.

    Thinking I could handle the complicated world of family law on my own, I really screwed things up. Jason was there to mend my mistakes and professionally deal with an opposing party who was less than cooperative.

  • Maile W.

    You won't find a better advocate for your cause. Rob is quick, knowledgeable and aggressive when he needs to be. It is without reservation and with much enthusiasm that I recommend Rob Singer to handle your case.

  • Greg

    Rob was straight forward, honest, and extremely professional in his communication to me as well as opposing counsel.

  • Teresa

    Anytime we had a question Jason is always available.

  • Maria

    He provided knowledgeable and useful information.

  • Corey

    Rob made a challenging time easy and took any pressure I was feeling away

  • Nate

    He has the ability to really listen and offer appropriate, informative and incredibly insightful advice

  • Peter

    He got me to a point where I wanted to be and has put the stop on future nonsense filings.

  • Julie

    He was so kind, professional, easy to get contact at a moments notice

  • Kathy

    Jason has compassion for the case, and he listens to my concerns instead of pushing me to agree with him.

  • Asraf

    Very confident and told me the entire game plan while I was keep getting run around by other attorneys

  • Lead Counsel Rated
  • BBB A+ Rating
  • Avvo 5 Star Reviews
  • Avvo Clients' Choice Award 2014
  • State Bar of Arizona
  • MCBA Family Law Section
  • Arizona Association of Family Law Attorneys
/

What Makes Singer Pistiner, PC Different?

  • 5 Star Client Rating
  • Convenient Payment Plans Available
  • Upfront Paperwork and Billing Processes
  • 36 Years of Combined Legal Experience

Contact Our Firm Today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.