The quick answer is that parents can’t agree to waive child support, because the support “belongs” to the child. What a spouse (usually the one who has physical custody) can do is technically ask for some child support, but ask for it in a very low amount (sometimes as low as $0).
 
We’re going to talk about this from the perspective of how, under these circumstances, you can be somewhat (not entirely) freed from being ordered by a judge to pay higher child support. First, though, I would point out that there are times when an ex-spouse says they are not seeking child support. But regardless of what an ex says, the truth of asking for support may be something else. In other words, trust but verify. If you need some assistance with legal representation, based on your income, check your eligibility in either Mobile http://www.probono.net/oppsguide/organization.135305-Legal_Services _Alabama_Mobile_Office or Tuscaloosa http://www.probono .net/oppsguide/organization.135309-Legal_Services_Alabama_Tuscaloosa_Office .
 
Many people who go through what they thought was an easy divorce are later surprised at some of the terms. A former spouse might say they didn’t file for the child support, but that they were “forced” to by the system. So let’s start there…
 
Looking At Your Divorce Order
 
Right in the Petition and Complaint for Dissolution, there is a section for both child support and spousal maintenance. If you filed the petition, and your wife answered, carefully look over what that answer says. After looking carefully at your divorce and custody orders, you can also explore other options, such as requesting a modification. Here is where you can look at custody modification forms: http://eforms.alacourt.gov/default.aspx.
 
Finally, even if there was a low request (for example, $150) for child support, this can later be modified. For that reason, you should be familiar with Alabama’s schedule of child support rules.
 
Look At The Expected Child Support Level
 
So you’ll need to review the guidelines, because if you and your Ex are going to reach an agreement, then it will have to pass muster as being “fair” to the child’s interests. http://www.alacourt.gov/pdfppt/rule32.pdf. You’ll also need to review Alabama’s I&R Unit (Investigations and Recovery) procedures. Here’s a case where a husband tried to modify his statutory custody amount, with his Ex’s blessing, and State opposition: http://caselaw.findlaw.com/al-court-of-civil-appeals/1449875.html.
 
Assuming Your Spouse Did Not Ask For Child Support…
 
There is another situation where you may actually have an ex who truly is not seeking child support, but is being “represented” (even against her wishes) by the State of Alabama. If your Ex has filed for any state support, such as from the state children’s medical; insurance program, then they may try to get reimbursement from you.
 
Put most simply, the State of Alabama’s child support enforcement will often seek support from the non-custodial parent. Just as your Ex may say she didn’t want to see support enforced, some states also have no choice but to try to get the maximum support. Some states have signed agreements based on their Social Security payment structure. http://archive.org /stream/ handbook onchilds020006mbp/ handbookonchilds020006 mbp_djvu.txt. As this manual points out, the county you live in may have its own policies about collecting child support.
 
In this situation, you need to know it’s still possible to try and get a waiver from payment. You can contact the agency and ask for a waiver form. It can be based on your inability to pay, or the fact that you have almost exactly the same amount of custody time with your Ex.