Can’t Bargain Away Child Support

Refrain from attempting to bargain away child support for other things that results in a lessening of support due for a child “[T]he right to support belongs to the child. … For this reason and because of the State’s parens patriae interest in assuring a proper level of support for all children, the right to child support cannot be waived by the custodial parent. Whether or not defendant has a continuing obligation to support the child must be based upon an evaluation of the child’s needs and interests and not upon the conduct of the plaintiff. Each parent has a responsibility to share the costs of providing for the child while he or she remains unemancipated.” Martinetti v. Hickman, 261 N.J. Super. 508, 512 (App. Div. 1993) The parental duty to support a child may not be waived or terminated by a property settlement agreement. Patetta v. Patetta, 358 N.J. Super. 90, 94 (App. Div. 2003).

For more information about your rights in divorce, please contact Chuck Vuotto at cvuotto@starrgern.com or by phone at his Roseland, NJ office (973) 403-9200. You may also read more articles on divorce at vuotto.com