When To Use This Language in the Divorce

If the parties are agreeing that they do not think child support is in the best interest of the child, the following finding needs to be inserted into the child support section.  If it is not included, it is less likely that the court will grant the agreement for no child support.

Example Divorce Decree Language When There is No Child Support Ordered

Child Support

Statement on Guidelines

In accordance with Texas Family Code section 154.130, the Court makes the following findings and conclusions regarding the child support order made in open court in this case on:

  1. The amount of child support ordered by the Court deviates from the guidelines.
  2. The net resources of Petitioner are $_______.
  3. The net resources of Respondent are  per month are $________.
  4.  The amount of child support applied to the first $8,550 of the obligor’s net resources is $ 0.00
  5.  The specific reasons that the amount of child support per month ordered by the court varies from the guidelines is: The parties have come to a mutual agreement that formal child support would not be in the best interest of the child;

The parties have successfully shared the financial responsibilities of the child since their separation on _________________.

The child’s age and needs are such that both parties can equally meet the needs of the children.

The parties ability to contribute to the support is equal between the parties.

The time spent with the children is equal as designated in the parenting plan.

The obligor and obligee have the following:  a household, and a vehicle that the children will enjoy during their periods of possession with either parent.