Can My Ex and I Agree Not to Have Child Support at All?

When parents get along and want to keep things simple, agreeing not to have child support altogether seems like the obvious solution. No monthly payments to track, no court involvement, no complications.

So, can you and your ex agree not to have child support at all?

Tennessee courts don’t see it that way. The law treats child support differently from other agreements you might make with your ex, and understanding why could save you from serious legal problems down the road.

Can My Ex and I Agree Not to Have Child Support?

No. Tennessee law does not allow parents to completely waive child support through a private agreement.

Child support isn’t technically a right that belongs to you or your ex. It belongs to your child. Courts view child support as money owed to the child for their benefit, not as something parents can bargain away between themselves.

According to Tennessee Code § 36-5-101, family courts must follow the Tennessee Child Support Guidelines when setting support amounts.

Key points:

• Even if both parents agree, a judge must approve any arrangement
• Judges won’t approve agreements that leave a child without adequate financial support
• Child support belongs to the child, not the parents
• Private agreements to waive support aren’t legally binding

What Happens If We Try to Agree to No Child Support?

Some parents write their own agreements without support obligations, hoping the court will approve whatever they’ve worked out. But courts take a hard look at these arrangements.

What to expect:

• Judges will likely reject parenting plans that don’t include child support
• Tennessee law requires a completed child support worksheet in the official record
• Cases can stall without proper documentation
• Agreements without proper procedures can be declared void later
• One parent could file for back support if the order isn’t properly documented

Can the Court Set Child Support at Zero?

In rare situations, yes. But this isn’t the same as parents agreeing to waive support.

Courts can approve a “deviation” from the guidelines. This means the judge acknowledges that the calculated support amount doesn’t fit your specific circumstances and orders a different amount instead.

In extremely limited cases, that different amount could be zero.

Requirements for zero-dollar support:

• Both parents have similar incomes and parenting time
• The child’s needs are fully met through other arrangements
• The deviation serves the child’s best interests
• Valid reason documented in the child support worksheet
• Court approval with written findings

Common scenarios:

• Both parents earn the same income and split time exactly 50/50
• Each parent pays for the child’s expenses directly when the child is with them
• One parent funds the child’s college education instead of paying monthly support

These arrangements must be properly documented in the child support worksheet and approved by the court. Handshake agreements don’t count.

What About Equal Parenting Time?

Having a 50/50 custody arrangement doesn’t automatically eliminate child support.

Tennessee uses an Income Shares Model to calculate support. This system looks at both parents’ incomes and assumes children should receive the same level of financial support they would have gotten if the parents stayed together.

How income differences affect support:

• Equal parenting time with different incomes = higher earner typically pays support
• This balances the financial resources available in each household
• The Income Shares Model accounts for parenting time but doesn’t eliminate obligations
• Even 50/50 custody can result in support payments based on income disparity

Can We Modify Child Support Later If Our Circumstances Change?

Yes, but you’ll need to go through the proper legal channels.

You can’t just stop paying or accept less based on a new verbal agreement. You need court approval for any modifications.

Requirements for modification:

Tennessee law allows support modifications when there’s a “significant variance” between what’s currently ordered and what the guidelines would calculate based on your current circumstances. This generally means at least a 15% difference in the support amount (or 7.5% for low-income parents).

Changes that might justify modification:

• Substantial change in either parent’s income
• Changes in the child’s needs (especially healthcare needs)
• Modifications to the parenting schedule
• Birth of another child the paying parent supports
• Parent becoming disabled
• Parent serving 180 days or more of jail time

Important: Even if you and your ex agree that a modification makes sense, you must file paperwork with the court and get a judge’s approval. Informal agreements won’t protect you if disputes arise later.

What If My Ex and I Both Agree to a Zero-Dollar Child Support?

Even when both parents agree, the court won’t simply approve a zero-dollar child support arrangement without proper documentation and justification.

What the court requires:

• A completed child support worksheet showing the guideline amount
• Written explanation of why deviation to zero is appropriate
• Evidence that the child’s needs are fully met through your arrangement
• Specific details on how expenses are divided between parents
• Judge’s approval of the deviation with written findings

Remember, judges protect children first. They’ve seen too many cases where friendly agreements fell apart, leaving children without adequate support.

Your mutual agreement is a good starting point, but it doesn’t eliminate the legal requirement to follow proper procedures.

Why Does Tennessee Take This Approach?

The state’s firm stance on child support comes from protecting children’s welfare.

Reasons for strict requirements:

• When parents waive support entirely, children suffer
• Financial circumstances change (job loss, medical bills, unexpected expenses)
• Guidelines ensure consistent financial support regardless of relationship changes
• Children shouldn’t be used as bargaining chips in negotiations
• One parent might feel pressured to give up support to get more parenting time
• Rules create a fair baseline that keeps focus on the child’s needs

Is It Possible to Waive Child Support by Agreement? Get the Right Legal Guidance

You don’t have to figure this out alone. Whether you’re starting a divorce, establishing paternity and custody for the first time, or thinking about modifying an existing order, the right legal help makes a real difference.

Our team at The Law Office of Sam Byrd has helped parents in Chattanooga create fair, workable support arrangements that meet legal requirements while fitting their family’s needs. We’ll walk you through the guidelines, explain your options, and make sure your agreement protects your child’s interests while respecting the cooperation you and your ex have built.

Don’t risk having your agreement rejected by the court or facing legal problems down the road. Get it done right from the start. Call us now.