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No, your ex can't waive your obligation to pay child support

It takes a lot of time and money to raise a child, and that fact does not change when you and your ex get divorced. In fact, it arguably costs your family more to support the children after a divorce, since they will have two of many of their possessions, including beds and other necessities, and you and your ex will each need to maintain a home with space for them.

Despite the fact that people know how expensive it is to care for children, a lot of parents facing divorce seem to think that child support is something that benefits their ex instead of their kids. As a result, some people try to put pressure on their former spouse to waive the obligation to pay child support.

Other people include terms waving support obligations in prenuptial or postnuptial agreements. However, the state of Colorado does not allow you to forgive your spouse's financial obligation to the children.

Child support is a benefit to your kids, not your ex

Although you can't send child support directly to your kids, that doesn't mean they don't benefit from those payments. Your ex can use that money to buy groceries, pay rent or cover other expenses if they have already paid those shared financial obligations out of their own money.

Some people find it frustrating to think of their money going into their former spouse's household, but instead of resenting that fact, you should focus on the needs of your children. After all, that is what the Colorado family courts will do. Because child support is meant to help your kids, not your ex, neither you nor your ex can waive that obligation.

The courts do not typically approve uncontested divorces that waive child support obligations nor do they uphold prenuptial or postnuptial contract clauses forgiving child support obligations. Paying child support is a critical part of your parental responsibility. Although it is possible to modify the amount if the ordered amount does not reflect your current financial reality, ending it before your children become adults is highly unlikely.

Knowing the rules can help you avoid mistakes that will drag out your divorce

Including illegal requirements or clauses in contracts or agreements meant to guide your divorce can result in the courts failing to uphold those agreements, litigation or further negotiation. It's easy to see how those mistakes could end up costing you a lot of money in the long run.

Partnering with an attorney who understands Colorado laws about child support and parental responsibility can help ensure that the documents you present to the court comply with state law and protect your interests, as well as those of your children.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
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