Can an obligee and obligor mutually agree to deviate from a court order regarding child support?

UPDATED: Jan 12, 2012

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Can an obligee and obligor mutually agree to deviate from a court order regarding child support?

The obligor has requested personally that due to loss of income the court order be “dropped” or waived and an independent agreement be drafted between the parties. The obligee is not opposed to an independent agreement. Can they do this? If so, can it be less than the state child support guidelines amount?

Asked on January 12, 2012 under Family Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, you should not do what you intend between you and the other parent.  It will only back fire on you in the end.  Trust me.  If there has been a change in circumstances - a change in your financial position is a change in circumstances - apply to the court for a modification of the support obligation.  Child support is statutory and if it has been court ordered agreeing otheriwise can lead to serious consequences for you.  Good luck.

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