Under what circumstances can child support be waived?

1. Reaching a consensus through negotiation

Paying child support is a matter for both spouses. If one party does not pay child support, the other party must pay more to ensure the child's living conditions remain unchanged. As long as both spouses are willing, meaning one party does not pay the other but instead pays more for themselves, the couple can negotiate to resolve the issue of not providing child support for the child during the divorce.

2. Special circumstances

In reality, it is often difficult for husbands and wives to reach an agreement to not pay child support, so they can only sue in court. Generally, situations where child support is not paid during a divorce can be divided into three categories:

(1) The payer truly has no financial ability to pay the amount specified in the original agreement or judgment due to long-term illness or loss of labor, and the party directly raising the child can afford and is capable of supporting the child.

(2) The payer has lost economic ability due to being imprisoned or undergoing labor education for violating the law and crimes, and is unable to pay. However, after regaining personal freedom, if there is an economic source, they should still pay according to the original agreement or judgment.

(3) If the person directly raising the child remarries, the stepmother is willing to take on part or all of the child support. In this case, the amount of support paid by the obligated party can be relatively reduced. However, if the stepmother is unwilling to support, the amount paid by the biological parents cannot be reduced.