Posted by Nydia Streets of Streets Law in Florida Child Support

Can parties agree to have a parent pay less than the Florida child support guidelines state? Under Florida law, child support is a payment that belongs to the child which is paid to the custodial parent as a trustee. In the case Newman v. Newman, 2D19-1672 (Fla. 2d DCA October 23, 2020), the former husband alleged he had an agreement with the former wife not to pay child support despite a court order requiring him to do so.

The trial court found the former husband in contempt of his obligation to pay child support. The record showed the former husband had paid little to no support since the entry of the final judgment of divorce, and that an arrears balance of over $50,000 had accrued. The former husband alleged the parties had an agreement for him to not pay support. The trial court found the former husband in contempt and an appeal was pursued.

First with regard to the contempt order, since it did not contain a purge amount and a finding of the former husband’s ability to pay, the appellate court found that no valid contempt order was entered. Moving on to the issue of whether there was a valid agreement to cancel support payments, the appellate court held “A review of the record presently before this court shows that the former husband was ordered to pay $101 per week by the final judgment of dissolution of marriage. He has paid little or no child support since the final judgment was rendered in 2007. As of 2017 the former husband had amassed over $54,000 in arrearages despite being gainfully employed until 2018. The trial court found that any alleged agreement by the parties to waive child support, if it existed, was against public policy and therefore void. We affirm the trial court's findings that the provisions of the final judgment are in full force and effect and that there was no valid waiver of the obligation to pay child support. See State Dep't of Revenue v. Ortega, 682 So. 2d 589, 590 (Fla. 2d DCA 1996) (stating that an agreement for the mother to waive child support in exchange for the father's agreement to waive visitation violated public policy).”

If you need help determining your rights and obligations concerning a child support order entered in your case, schedule a consultation with a Miami child support lawyer.