“Is the agreement in the divorce settlement that ‘neither party shall pay child support’ valid?” Many couples agree to such clauses when they divorce, and the Dahu Marriage and Family Law Firm clarifies: Such an agreement is generally valid for both parents but cannot override the children's legal right to child support.

 

  The custody of minor children is a legal obligation of the parents and cannot be exempted due to divorce. According to Article 1085 of the Civil Code and the Interpretation of the Marriage and Family Law, parents may agree that one party shall directly care for and bear all child support costs, and such an agreement shall be binding on both parties. However, if the direct care giver's ability to support is obviously insufficient and affects the healthy growth of the child, the court will not support it.

  At the same time, the agreement does not prevent the child from claiming child support when necessary. The “necessary circumstances” mainly include: the original standard is insufficient to maintain the actual living standards of the local area; the child is ill or studying, leading to increased expenses; the direct care giver is unemployed, seriously ill, etc., resulting in a significant deterioration of the economic situation. If the above conditions are met, the child may sue the other party to pay child support.

  It should be noted that in child support disputes, the plaintiff must be the child himself/herself, and the direct care giver shall act as the legal representative to litigate on behalf of the child, and shall not sue in his/her own name as the care giver. Unless there is a significant change in circumstances, the court generally respects the original agreement of the parties.

  In summary, the agreement of “neither party shall pay child support” is valid on the premise of not harming the interests of the child. It is recommended to reserve adjustment space for special situations such as serious illness and unemployment in the agreement to avoid subsequent disputes.

  When encountering related issues, please consult a professional lawyer to safeguard the legitimate rights and interests of the child and oneself in accordance with the law.