Can Parents Waive Child Support in Illinois?

 Posted on April 18, 2025 in Family Law

When a couple separates or divorces, they often work hard to maintain emotional, logistical, and financial stability for their children. Sometimes, parents may agree that formal child support is unnecessary, especially if they earn similar incomes or equally share parenting time. Even when both parents are on the same page, waiving child support is not as simple as signing an agreement. It is important to understand what the law allows, and an Illinois family law attorney can help you navigate your legal responsibilities and make informed decisions.

Can Parents Make a Private Agreement to Waive Child Support?

In Illinois, parents cannot waive child support simply because they agree to do so. Child support is considered the right of the child, not the parents. Under state law, the court is required to ensure that a child’s financial needs are met, regardless of whether the parents agree to waive support.

Even if both parents are on good terms and share parenting duties, the court will still evaluate whether support should be paid and in what amount. Any agreement that attempts to eliminate child support must still be approved by a judge. Courts are unlikely to approve these waivers unless it is clear that the child’s needs are fully met through other means.

Can the Court Reduce or Modify Child Support?

While complete waivers are not typically allowed, courts can modify child support using the Income Shares Model based on the case's specific circumstances. Child support can be reduced or adjusted if:

• Both parents have roughly equal parenting time

• Each parent earns a similar income

• The child’s financial needs are fully covered by both parents

• A considerable change in circumstances occurs, such as job loss or medical issues

Are There Any Exceptions to the Rule?

There are a few cases where child support may be set at a minimal amount or not ordered at all, but only when the court finds that:

• The child’s best interests are not harmed

• Both parents can demonstrate financial stability

• The child is not at risk of being under-supported

Even in these cases, the court will want to see clear evidence that the child’s needs, such as housing, food, education, and medical care, will continue to be met without the need for formal support payments.

What Happens If Parents Try to Waive Support Without Court Approval?

If parents agree to waive child support without involving the court, that agreement is not legally enforceable. One parent can later return to court and request child support, even if he or she previously agreed to waive it. The court will then apply the current child support guidelines, and retroactive support could be ordered.

Additionally, any child support orders that are already in place cannot be modified or canceled unless the court formally approves the change. Ignoring a court order can lead to legal consequences like wage garnishment or even contempt of court charges.

Contact a Kane County, IL Family Law Attorney

If you are navigating child support issues, it is essential to understand what the law allows and how to protect your child’s best interests. For guidance on modifying or enforcing child support orders, contact a St. Charles, IL child support lawyer at Goostree Law Group today. Call 630-584-4800 to schedule a consultation and learn more about your legal options.