I am often asked if child support is something that can be waived or agreed to between two parents. In Florida, child support is considered money for children and a parent doesn’t have the authority to waive child support. Child support in Florida is calculated by a formula (called the “Child Support Guidelines”) which takes into account both parents’ income. Just because parents have a 50/50 visitation or custody schedule doesn’t mean that neither party will pay child support. Child Support Guidelines will always have to be calculated in every case involving children, and it’s very difficult to get a judge to deviate from the child support amount calculated by the guidelines.
In conclusion, when negotiating an agreement with your child’s other parent, child support really can’t be a negotiating point. Child support may be reduced if the non-custodial parent has 40% or more OVERNIGHT visits with the child/children, but the child support guidelines still have to be calculated and child support still must be paid according to the guidelines.