When parents in Tampa go through a divorce, one of the most common and often most contentious issues is child support. Florida law makes it clear that child support is a right of the child—not something that belongs to or can be waived by either parent. Yet, many parents ask whether it’s possible to agree to a no-child-support arrangement, especially in situations where time-sharing is equal or both parents are financially stable.
While courts do give parents considerable freedom to negotiate certain aspects of their divorce, child support is treated differently. Parents can reach an agreement, but whether that agreement will be upheld by a Florida judge is another matter entirely. If you’re considering such an arrangement, working with an experienced Tampa divorce lawyer is essential to understand the risks, the legal boundaries, and the best path forward for your family.
Understanding the Purpose of Child Support in Florida
Before diving into whether you can waive child support by agreement, it’s important to understand the role child support plays under Florida law. Child support is not just a financial obligation—it is a legal responsibility based on public policy. Florida statutes prioritize the well-being of children, and child support is considered essential to meet a child’s:
- Basic living expenses (food, shelter, clothing)
- Health care and insurance costs
- Educational needs
- Childcare expenses
- Extracurricular and developmental activities
Florida’s child support system is designed to ensure that both parents share in the financial responsibility for raising their children. The law aims to make sure that children enjoy a standard of living that reflects both parents’ incomes and resources, even after the family is no longer living under one roof.
A Tampa divorce lawyer can help you understand how these principles apply in your case and what discretion the court has in modifying or approving deviations from standard support calculations.
The Legal Framework: Florida Child Support Guidelines
Florida courts calculate child support using statutory guidelines laid out in Florida Statute §61.30. These guidelines take into account:
- Each parent’s gross monthly income
- Number of children involved
- The amount of time each parent spends with the child (overnights)
- Health insurance premiums paid for the child
- Childcare costs necessary for a parent to work
- Non-covered medical expenses
The state provides a chart to determine the base support amount based on combined parental income and number of children. This amount is then divided proportionally based on each parent’s share of the total income.
For example, if one parent earns 70% of the combined income and the other earns 30%, the higher-earning parent is typically responsible for 70% of the support obligation.
Even in cases of 50/50 time-sharing, child support may still be ordered if there is a substantial income disparity between the parents. A Tampa divorce lawyer can run a full guideline calculation to determine the presumptive support amount for your specific case.
Can Parents Agree to No Child Support?
The short answer is: Yes, parents can agree to waive child support—but only if the court finds that the agreement is in the best interests of the child and complies with Florida law. The long answer is much more complex.
Florida courts retain ultimate authority over child support determinations. Even if both parents agree that no child support should be paid, the court is not required to approve the agreement. Judges will closely scrutinize any waiver of child support to ensure it doesn’t violate the child’s right to support or place undue financial burden on one parent down the road.
A Tampa divorce lawyer can help draft agreements that stand the best chance of court approval by demonstrating fairness, mutual financial capacity, and attention to the child’s needs.
Situations Where No Child Support Agreements May Be Approved
Courts are more likely to approve an agreement waiving child support in certain scenarios:
1. Equal Time-Sharing and Equal Incomes
If both parents have nearly identical incomes and share equal or close-to-equal time with the children, the child support guidelines may result in a negligible obligation. In these cases, a judge may approve a parenting plan and marital settlement agreement that reflects a zero-dollar support amount.
2. Offsetting Financial Contributions
Sometimes, one parent provides for other expenses that exceed what the support obligation would be—such as paying for private school tuition, full health insurance coverage, or all childcare expenses. Courts may consider these contributions as offsetting the need for traditional support payments.
3. Shared Expenses Model
Parents may agree to share all child-related expenses directly—50/50 for everything from clothes to doctor visits. The agreement must be specific, well-documented, and show that both parents are financially capable of covering the costs without shifting the burden.
In each case, the key question is whether the arrangement is sustainable, reasonable, and serves the child’s best interests. A Tampa divorce lawyer can present this evidence and advocate for approval in court.
When Courts Reject No Child Support Agreements
Despite parental agreement, courts often reject zero-support arrangements if:
- One parent earns significantly more than the other
- One parent is underemployed or unemployed
- The agreement appears to be a result of coercion or imbalance
- The arrangement would place the financial burden solely on one parent
- The child’s needs are not adequately addressed
Courts will also reject agreements that are vague, informal, or lack clear enforcement mechanisms. Even if a judge approves a waiver initially, the other parent can return to court later and request child support if circumstances change.
A Tampa divorce lawyer can help evaluate whether a no-support agreement is realistic—and draft protective language to limit future exposure.
Risks of Agreeing to No Child Support
Even if the court approves the agreement, waiving child support carries significant risks:
1. Unpredictable Financial Changes
A parent’s financial situation can change dramatically. Job loss, health issues, or remarriage can alter the balance of the agreement and lead to one parent being unable to meet the child’s needs.
2. Future Disputes
If the agreement is not detailed and enforceable, disputes over who pays for what can become frequent and combative. Expenses like summer camp, braces, or therapy can fall through the cracks.
3. Reopening of the Case
Child support orders can be modified upon a showing of substantial change in circumstances. Even years later, a parent can go back to court and request support. If the court finds a need, it can enter a new order despite the original agreement.
4. Public Benefits and Third-Party Involvement
If the custodial parent later applies for public assistance (such as Medicaid or food stamps), the state may pursue child support on the child’s behalf—even if the parties previously agreed to waive it.
A Tampa divorce lawyer can help you structure your divorce in a way that minimizes these risks while preserving flexibility for future changes.
Alternatives to Traditional Child Support Payments
If the goal is to avoid monthly transfers between parents, other options may be available—provided they are carefully drafted and approved by the court.
1. Expense-Sharing Arrangements
Rather than one parent paying child support, the parties can agree to each cover specific categories of expenses. One parent might pay for health insurance and extracurriculars, while the other handles school costs and clothing.
2. Use of Trusts or College Savings Plans
In high-asset cases, parents may agree to fund an account for the child’s benefit, ensuring that money is available for education or future expenses in lieu of ongoing support.
3. In-Kind Contributions
Some parents agree that one party will provide housing, transportation, or other services that reduce the need for direct support payments. These must be clearly defined and valued.
It’s essential that these alternatives are not vague or left to interpretation. A Tampa divorce lawyer can help build an agreement that spells out each parent’s obligations in detail—and ensures enforceability under Florida law.
Can Child Support Be Waived in a Prenuptial Agreement?
Florida courts do not allow parents to waive child support obligations through prenuptial agreements. Because child support is considered the child’s right, parents cannot preemptively agree to terms that limit or eliminate that right. Any clause in a prenup that attempts to waive child support is unenforceable.
That said, a prenuptial agreement can still impact divorce by addressing asset division, alimony, and other financial matters that may indirectly influence a court’s child support analysis. A Tampa divorce lawyer can help you draft or review a prenup to ensure it aligns with Florida public policy.
Modifying a “No Child Support” Agreement Later
Even if the court accepts a parenting plan with no child support, that doesn’t mean the arrangement is locked in forever. Either parent can file a petition to modify child support at any time based on a substantial change in circumstances.
Valid changes may include:
- Job loss or gain of either parent
- Changes in income or expenses
- Increase in the child’s needs
- Changes in the time-sharing schedule
- Relocation of one parent
If the court finds the change to be substantial, material, and unanticipated, it can modify the support order—even if the prior agreement said otherwise.
A Tampa divorce lawyer can help you prepare or defend against a modification request and protect your long-term financial position.
Drafting a No Child Support Agreement That Sticks
If you believe a no-support agreement is appropriate for your family, it must be carefully drafted, supported by documentation, and presented persuasively to the court.
Key elements include:
- Full financial disclosures from both parties
- A clear parenting plan detailing time-sharing
- A written explanation of why the agreement serves the child’s best interests
- Specific allocation of expenses (healthcare, school, extracurriculars, etc.)
- Provisions for dispute resolution
- Language addressing future modifications
Working with a Tampa divorce lawyer gives you the best chance of having your agreement approved and avoiding future litigation.
FAQ
Q: Can both parents agree to waive child support in a Tampa divorce?
A: Yes, but the court must approve the agreement. Judges will only allow a no-support arrangement if it serves the best interests of the child and both parents are financially capable of meeting the child’s needs.
Q: Will a judge automatically approve a no child support agreement?
A: No. Courts review such agreements carefully and may reject them if they are unfair, vague, or not in the child’s best interests.
Q: What happens if we agree to no support now, but I later lose my job?
A: You can file a petition to modify the agreement based on a substantial change in circumstances. The court may enter a new support order.
Q: Can we just handle everything informally without involving the court?
A: No. All parenting plans and support arrangements must be approved by the court to be enforceable. Informal agreements can lead to disputes and enforcement issues.
Q: What if the other parent later refuses to pay for agreed-upon expenses?
A: If your agreement is part of a court order, you can file a Motion for Contempt or Motion to Enforce. A Tampa divorce lawyer can help you enforce your rights.
Q: Will Florida allow a no-support agreement if we have equal time-sharing?
A: Possibly. If incomes are equal and the expenses are fairly divided, the court may approve the agreement. However, this is reviewed on a case-by-case basis.
Q: Can I agree to no support in exchange for more time-sharing?
A: Courts frown on using child support as a bargaining chip. Parenting decisions must be based on the child’s best interests—not financial negotiations.
Q: Is it better to request a small child support amount instead of zero?
A: Sometimes a nominal support amount (e.g., $50/month) shows that both parents acknowledge the obligation. A Tampa divorce lawyer can help you determine the best approach.
Q: What if I already signed an agreement but now regret waiving support?
A: If the court has not yet approved the agreement, it can be revised. If it has been entered, you may need to file a motion to modify based on new circumstances.
Q: Can I waive child support permanently?
A: No. Child support is always subject to future modification based on changing circumstances. Courts will not enforce a permanent waiver that forecloses future changes.
In Florida, child support is a serious legal obligation rooted in public policy and the best interests of the child. While parents in Tampa can agree to waive support under limited circumstances, the court will not rubber-stamp those agreements. The key is to create a well-reasoned, enforceable plan that ensures the child’s needs are met and that both parents remain equally involved.
If you’re considering a no child support agreement—or trying to defend against one—it’s critical to work with a Tampa divorce lawyer who understands the nuances of Florida family law. The right legal guidance can protect your rights, your finances, and most importantly, your child’s well-being.
The McKinney Law Group: Divorce Lawyers for Tampa Clients with Retirement and Estate Planning Needs
Divorce can have a major impact on your long-term financial plans. At The McKinney Law Group, we help Tampa clients divide retirement assets, pensions, and estate plans with a focus on preserving future security.
We assist with:
✔ Dividing 401(k)s, IRAs, pensions, and deferred compensation
✔ Crafting alimony agreements that reflect retirement timelines
✔ Protecting estate plans and inheritance intentions
✔ Coordinating with your financial advisors or estate planners
✔ Providing peace of mind for your next chapter
Call 813-428-3400 or email [email protected] to protect your future during divorce.