Parents cannot straightforward decide not to want child support in Indiana — the state treats child support as a right of the child, not a gift parents can refuse.
Indiana law makes child support an obligation tied to parenthood, not to the parents' wishes. A parent cannot sign away a child's right to support, and a court will not enforce an agreement between two parents to skip child support entirely. Even if both parents agree they do not want it, Indiana courts can still order it, and the state can pursue it on behalf of the child.
The reason is straightforward: child support belongs to the child. It is not a payment from one parent to another. Because of this, parents cannot trade it away, forgive it, or decide together to ignore it — any more than they could decide together to ignore a child's need for food or shelter.
Key Takeaways
- Indiana courts will not enforce a private agreement between parents to waive child support, because the child's right to support cannot be given up by either parent.
- If a court has ordered child support, the obligated parent must pay it even if the other parent says they do not want it.
- Parents can modify a support order through the court if circumstances change, but they cannot straightforward cancel it by mutual agreement.
- The Indiana Department of Child Services can pursue child support on behalf of a child even if both parents want to avoid it.
- If child support has been ordered and not paid, the state can enforce it through wage garnishment, tax intercept, or other collection methods regardless of what either parent prefers.
What happens if both parents agree to skip child support
If two parents sign a document agreeing not to pursue child support, that agreement is not binding in Indiana. A court will not enforce it. If one parent later changes their mind — or if the child or the state needs to pursue it — the agreement to waive support holds no legal weight.
This applies even in informal situations. If parents have an understanding that one will not ask for support, and later that parent files for it anyway, the other parent cannot use the old agreement as a defense. The court will look at the child's actual needs and each parent's actual income, not at what the parents once promised each other.
How Indiana courts treat child support orders
When a court issues a child support order in Indiana, it is a legal obligation, not a favor. The order reflects what the court has determined the child needs based on both parents' income, custody arrangement, and other factors. Once issued, the order remains in effect until it is formally modified or terminated by a court.
A parent cannot stop paying because the other parent said it was okay. If the obligated parent stops paying, they are in violation of the court order. The custodial parent, the child, or the state can then pursue enforcement — which can include wage garnishment, interception of tax refunds, suspension of driver's license, or contempt of court charges.
When the state pursues child support on its own
If a family has received public information — such as TANF (Temporary information for Needy Families) or Medicaid — Indiana's Department of Child Services can pursue child support even if neither parent wants it. The state does this to recover costs of the information provided to the child.
In these cases, the parents' wishes are irrelevant. The state is acting on behalf of the public interest, not on behalf of either parent. Even if both parents ask the state to stop pursuing support, the state can continue the case.
How to modify or end a child support order through the court
If circumstances have genuinely changed — such as a significant drop in income, a change in custody, or the child reaching the age of majority — a parent can petition the court to modify or terminate the support order. This is the only legal way to change what has been ordered.
To modify support in Indiana, the parent seeking the change must file a petition with the court that issued the original order. The petition must show a substantial and continuing change in circumstances. A judge will then review both parents' current income, custody situation, and the child's needs before deciding whether to change the order.
straightforward not wanting to pay, or both parents agreeing they do not want support, is not a change in circumstances that a court will recognize. The court needs a real change — job loss, significant wage change, custody shift, or similar — to consider modification.
What "waiving" child support actually means in practice
Sometimes parents use the word "waive" to mean they have agreed informally not to pursue support. What they have actually done is nothing — they have straightforward chosen not to ask for it. That is different from a legal waiver. The right to support still exists; one parent is just not exercising it at the moment.
If that parent later changes their mind, or if the child reaches an age where they need support more urgently, or if circumstances shift, the support obligation can be pursued again. The informal agreement to "waive" it has no legal standing and does not prevent future claims.
Frequently Asked Questions
If I have a court order for child support and I tell the other parent I do not want it, can they stop paying?
No. A court order is legally binding regardless of what either parent says afterward. The obligated parent must continue paying until a court formally modifies or terminates the order. If they stop paying based on your word alone, they are violating the order and can face enforcement action.
Can we agree in writing that neither of us will pursue child support?
A written agreement between parents to waive child support is not enforceable in Indiana. If either parent later seeks support, or if the state pursues it because the child received public information, the agreement will not stop it. Only a court order can legally change a support obligation.
What if I never had a court order and we just agreed not to do child support?
If there is no court order, there is no legal obligation — but that does not mean support cannot be pursued later. Either parent can file for support at any time, and a court will set an order based on current circumstances. The informal agreement you had is not a defense against a later claim.
Can child support be terminated if the child is being raised by both parents together?
If both parents have equal or near-equal custody and similar incomes, a court may order little to no support. But this requires a formal custody and support order from the court, not just an agreement between parents. If one parent later moves away or custody changes, the order can be modified.
What happens if I stop paying child support because the other parent said they did not want it?
You remain in violation of the court order. The other parent can change their mind at any time, or the state can pursue you for arrears. Enforcement can include wage garnishment, tax intercept, license suspension, or contempt charges. The only protection is a formal court modification.