The simple answer is no, you cannot avoid financially supporting your
children. While most parents want to support their children financially, it is
often a big point of contention that they will be paying child support to their
soon to be ex-spouse who will use the monies in any manner they see fit. This
means that they can use the money towards a mortgage payment or rent, they
can use it towards food for the house, and they can use it towards clothing for
the children. Further, the parent receiving child support does not need to
provide an accounting to the parent paying child support for how the monies
are being used.
As of March 1, 2024, the combined income cap under the Child Support
Standards Act was increased to $183,000. However, in cases where the
parents are making an income in excess of $183,000, the Courts have the
authority to base child support off of a higher combined income. That is
determined on a case-by-case basis. This increase in the cap has lead to an
increase in parents asking if they give up any and all rights to their child or
children, whether their child support obligation would go away. The answer to
this is no. Even if you do not wish to have a relationship with your children,
you are still obligated to financially support them. The only exception is when
one parent waives any and all right to receive child support, which is such a
rarity that it almost never happens. If the matter were to proceed through the
Courts, the Court will always provide for child support.
The custodial parent (the parent the children are primarily living with or the
parent deemed to be the custodial parent for purposes of child support), will
receive child support from the non-custodial parent. This is true even if the
children are residing with the monied spouse. As the non-monied spouse, you
still have an obligation to contribute to the financial support of your children.
In some cases, if the non-monied spouse is receiving spousal maintenance, we
can off-set the obligation for child support so that the non-monied spouse
receives a reduced spousal maintenance payment until such time as they stop
receiving spousal maintenance and child support is recalculated.
Another question I am often asked is whether child support will still be paid if
the children are splitting their time 50% with one parent and 50% with the
other parent. The general answer to this is yes, the parent who is the custodial
parent, will still receive child support from the non-custodial parent. There
have been exceptions in the past where the parents, who make the same salary
and who have a 50/50 custody arrangement, have waived child support and
each were fully responsible for the support of the children when they are with
them, and add-ons (unreimbursed medical, college, extracurricular activities,
etc) were shared between the parties on a 50/50 basis.
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