If I don’t want my ex-husband to pay child support, will I be required by law to take his child support?

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If I don’t want my ex-husband to pay child support, will I be required by law to take his child support?

I make quite a bit more than he does and he is very active in their lives.

Asked on November 23, 2012 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ohio does have provisions where the parties can agree to waive child support obligations or deviate outside of the usual child support guidelines.  You could actually request a waiver of his obligation to pay.  However, the final decision will be up to the judge.  If the judge finds that the children have adequate support, the judge can approve the agreement.  If the court has a concern that, now or later, the children court or would be in need of support, the court could still order an obligation.

Even though it's nice that you are really taking into consideration the disparity of income, you may want to just agree to a lower amount, rather than a complete waiver-- that way if you do need the child support later, it will be easier to seek a modification of the obligation.

Another option, especially if he wants to be involved in the support of the kids, is for you to accept the payments, but instead of just burning up the funds on new toys or clothes, place the funds into an account for their college education.  This is a great opportunity for the the father to contribute to the long term needs of the children. 

 


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