Should I Let My Spouse Off the Hook for Child Support if I Get the Kids?

 Posted on January 28, 2026 in Child Support

Everyone has priorities when they divorce. They might not care very much what happens to some assets if they get others. If kids are involved, one parent might only be concerned about getting as much parenting time as possible. If your ex knows you care about this, they might try to drive a deal by saying they will not fight you for custody if you agree not to make them pay child support.

This might sound like a simple solution, but it is almost always a bad idea that will hurt you and your children in the years ahead. Before you agree to anything, talk to a Dane County child support lawyer to understand what you are giving up and what Wisconsin law says in 2026 about child support.

Why Do Courts Order Child Support in Wisconsin?

Wisconsin law says both parents are legally responsible for supporting their children financially. It does not matter who has custody. This is not optional money that parents can choose to pay or not pay based on what they want out of the divorce settlement.

Under Wisconsin Statute Section 767.511, child support is calculated based on the paying parent's income and the number of children involved. The court looks at what your children need, not what deals the parents want to make with each other. Child support covers basic needs like food, clothing, housing, medical care, and education. These costs do not disappear just because one parent agrees to take on more parenting time.

Even if you feel confident you can handle all the expenses yourself in 2026, life changes. You might lose your job, face medical bills, or deal with unexpected costs as your children grow.

What Happens if I Waive Child Support?

Some parents think they can agree between themselves to skip child support payments entirely, but Wisconsin courts rarely approve agreements where one parent receives no support at all. Judges can reject any child support plan that does not serve the best interests of the child. 

If you try to waive child support as part of a custody deal, the court will want to know if you are being pressured into accepting less than your kids deserve. If you do waive child support, it is difficult to change later if needed. Wisconsin law allows occasional changes to support orders, but opting to give up support at the beginning could make it harder to get it down the road.

Can Child Custody Be Used to Bargain Against Child Support in Wisconsin?

Your ex cannot legally force you to choose between custody and child support. They are legally separate from each other in Wisconsin (though how many overnights a parent has is used to calculate child support amounts).

If your spouse is threatening to fight for custody unless you drop child support, they are trying to force you to accept less than you and your children deserve. This kind of tactic should be a major red flag that you need a good lawyer for your case.

What Should I Do If My Spouse Is Pressuring Me to Drop Child Support?

Do not let your ex pressure you into a bad deal just to avoid fighting. Find an attorney who will push back hard against unfair proposals. A strong child support order gives you the financial resources to provide stability for your kids. It also holds your ex responsible as a parent.

If you are worried about your spouse getting parenting time they don’t actually want just to spite you, work with your lawyer. They can help you work out an arrangement for both parenting time and child support. Your children benefit from having time with both parents and from having financial security. Do not sacrifice one for the other.

Call a Madison, WI Child Support Lawyer Today

If your spouse is pressuring you to waive child support in exchange for custody, you need aggressive legal representation immediately. At John T. Fields & Associates, LLC, we are ready to fight for parents who care about their kids' futures. Call our Dane County custody attorney at 608-729-3590 today to schedule your consultation.