Full question:
I am the father of a child. If the mother and I agree that I should have 100% custody and that I do not want any child support, how do I relay that information in the final decree?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Texas
Answer:
In Texas, child support payments are typically determined by statutory guidelines based on the non-custodial parent's income. Courts are generally hesitant to allow parents to waive child support, even if both parents agree, because the right to support is viewed as belonging to the child, not the parents. Courts prioritize the child's best interest when making these decisions.
According to Texas Family Code § 7.006, parents can enter into a written agreement regarding property division and support during divorce or annulment proceedings. If the court finds the terms of this agreement to be fair and just, it can be included in the final decree. However, if the court believes the terms are not appropriate, it may request a revised agreement or set a contested hearing.
To relay your custody and child support agreement in the final decree, you should ensure that the written agreement is clear and submitted to the court for approval. If the court agrees with the terms, it can incorporate them into the decree.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.