Can Child Support Be Waived in Illinois?

When parents in Illinois go to court to establish child support, whether it is in a divorce or a parentage case, they may wonder whether they can “waive” child support, so long as both parents agree. Sometimes both parents feel financially stable and able to support the kids without help. Sometimes they share equal parenting time and believe no money needs to change hands. Other times, parents simply want to avoid conflict and think that agreeing to “no child support” will make the entire legal process easier and less contentious.

But Illinois law is clear: child support cannot be permanently waived, even if both parents agree. The right to financial support belongs to the child and not the parents, and the Court has a legal duty to ensure that children receive adequate financial support. While parents can agree to “reserve” child support temporarily, they cannot eliminate their obligation altogether.

What Does Illinois Law Say About Child Support?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs child support in Illinois. Section 505 of the IMDMA (750 ILCS 5/505) establishes that each parent has a duty to support their children, and courts must ensure that support is set in accordance with statutory guidelines unless a deviation is justified.

Illinois courts have repeatedly emphasized that child support is not a bargaining chip. It is not something parents can trade, waive, or negotiate away. The obligation exists because the child has a right to financial support from both parents.

Waiving Child Support Goes Against Public Policy 

Courts view child support as a matter of public policy. Even if both parents agree that no support is needed, the court must independently determine whether that agreement serves the child’s best interests. If it does not, the court will reject it and will order the appropriate child support payments. 

Illinois courts have long held that parents cannot permanently waive child support. A child is entitled to financial support from both parents, and the court has a duty to protect that right.

Even if parents sign a marital settlement agreement or parenting plan stating that “no child support will ever be owed,” that provision is unenforceable. Courts routinely strike such language or treat it as a temporary arrangement rather than a permanent waiver.

Under the IMDMA, the court has the final say on child support, not the parents. The court must ensure that any agreement complies with the law and serves the child’s best interests. If an agreement undermines the child’s financial security, the court will reject it.

Reservation of Child Support

Although parents cannot waive child support, they can agree to reserve the issue. A reservation means the court postpones setting support until a later date. This is common in situations such as:

• One parent is temporarily unemployed
• Income is uncertain or fluctuating
• Parents are cooperating informally and want time to see how expenses balance out
• Parentage has just been established and financial information is incomplete

A reservation is not the same as a waiver. It simply leaves the issue open. Either parent can return to court later and ask that child support be set. When that happens, the court will the consider the parents’ current incomes and the current parenting time schedule, and will apply the statutory support guidelines to come up with an appropriate number. 

Courts often approve reservations because they preserve flexibility while still protecting the child’s rights.

Child Support is Always Modifiable

Whether child support has been reserved or set at a certain value, that support is always modifiable under Illinois law. Specifically, Section 510 of the IMDMA (750 ILCS 5/510) provides that child support may be modified at any time upon a showing of a substantial change in circumstances. A substantial change in circumstances may include:

• A significant change in either parent’s income
• A change in the child’s needs
• A change in parenting time
• New medical, educational, or childcare expenses

Because support is always modifiable, any attempt to permanently waive it is inherently inconsistent with the statute.

How Courts Determine the Best Interests of the Child

The IMDMA requires that all decisions involving children be made according to the best interests of the child. Section 602.7 (750 ILCS 5/602.7) of the IMDMA outlines the factors courts must consider when determining parenting time and Section 602.5(750 ILCS 5/602.5) of the IMDMA outlines the factors courts must consider when determining parental decision-making. These same factors will guide the courts when considering child support, as well. 

Financial support is a fundamental component of a child’s well-being. Courts therefore view child support as essential to meeting the child’s needs. Any agreement that jeopardizes the child’s financial stability is contrary to the child’s best interests and will not be approved.

Avoid Agreements That Attempt to Waive Child Support

Don’t even try it. Provisions in Marital Settlement Agreements waiving child support are unenforceable and may create confusion or conflict later. The right to support belongs to the child, and courts have a duty to protect that right. While parents may agree to reserve child support temporarily, they cannot eliminate the obligation altogether. Support is always modifiable, and the court must always act in the best interests of the child.

If you have questions about child support, reservation, modification, or how Illinois law applies to your situation, the experienced child support attorneys at O Long Law, LLC, are here to help you make informed decisions that protect your child’s future. Reach out to the office to day to schedule your initial consultation with an Illinois family law attorney.