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    arieschick's Avatar
    arieschick Posts: 1, Reputation: 1
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    #1

    Feb 3, 2011, 12:40 PM
    IN TEXAS do you have to have child support?
    My husband and I are filing for divorce amicably. With child support, we both agree not to require the other to provide child support as we both have worked out specific bills we will pay (i.e. health insurance, school supplies, clothes, etc).

    Do you have to have a clause in the petition regarding child support if there won't be child support?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 3, 2011, 12:44 PM

    Your individual Attorneys are the best people to advise you about this. The Court will advise you NOT to waive support because circumstances can and do change.

    I find: "There would need to be a very serious reason for the Texas Court to allow waiving child support. Generally, the right to "waive" the support is construed to belong to the child and not to the parent with whom the child lives. Since the child, obviously, is not competent to make this kind of decision, the Court is very reluctant to allow child support to be waived.

    The Texas Court always considers the "best interest of the child" standard", and is very serious about the obligation of a parent to support his or her child." (Houston child support lawyer - child support attorney in Texas - enforcement - law)

    Support is based on a schedule, by Texas law, so part of this would be how well your arrangement would fit in with that law.

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