Reply to Waiving child support for primary custody

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Child support is for the kids/ In my state you can’t negotiate with the kids money. [/quote]

Please cite the statute and case. [/quote]

You can find your own cases here’s the statutes.

1.	Colorado Revised Statutes § 14‑10‑115 (Child Support Guidelines)
      •   This statute provides that child support is based on the parents’ ability to pay and the needs of the child.  
      •   Subsection (1)(a)(I) states the purpose: “to establish … an adequate standard of support for children, subject to the ability of parents to pay.”  
      •   Subsection (4)(d) says that any agreed modification of child support must be reviewed by the court and the guidelines.  
	2.	Colorado Revised Statutes § 14‑10‑112 (Decrees — Modification of Orders)
      •   Specifically, § 14-10-112(6) provides that:
“Except for terms concerning the support, the allocation of decision-making responsibility, or parenting time of children, the decree may expressly preclude or limit modification of terms set forth in the decree if the separation agreement so provides.”  
      •   The implication is that support terms are treated differently: they cannot be bound in a way that removes the court’s jurisdiction entirely.
	3.	Case law and legal commentary consistently emphasize that child support is a right of the child, not simply a contract between the parents.
      •   For example: “Child support is the right of the child. Parents cannot, by contract, escape their responsibilities to provide adequate child support.”  
      •   A Colorado appellate decision held: “child support is the right of the child and it is violative of public policy to waive all child support.”  [/quote]

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