When Can a Parent Be Exempted from the Obligation of Child Support?
Determining whether a father or mother can be exempted from the obligation of child support is a practical and sensitive issue that directly affects the child’s rights and welfare. Below is an analysis based on the latest legal regulations in Vietnam (the 2014 Law on Marriage and Family and the newly issued guiding Resolution), clarifying when the obligation of child support may be reduced, suspended, or terminated.
1. Legal Basis and Principles of Child Support in Vietnam
Before considering exemption from child support, it is important to understand who is obligated, under what conditions, and according to what principles this duty applies.
Under Article 110 of the Law on Marriage and Family 2014, parents are obligated to support their minor children, or adult children who are incapable of working and lack the means to support themselves, in cases where they do not live with the children or live together but fail to fulfill their parental duties.
Child support may be provided in cash or in kind depending on mutual agreement; if the parties cannot reach an agreement, the Court will determine the amount based on the financial capacity of the supporting party and the essential needs of the supported person.
Resolution No. 01/2024/NQ-HĐTP of the Judicial Council of the Supreme People’s Court, effective from July 1, 2024, further clarifies that if the parent who directly raises the child does not request child support from the other parent and is financially capable of raising the child, the Court may decide not to require the other parent to provide support.
Thus, the obligation of child support is not automatically permanent—the Court may consider exemptions, reductions, or termination under certain conditions.
2. Cases of Reduction, Suspension, or Exemption from Child Support
The law does not automatically grant a full exemption from the beginning. However, it allows for reduction, suspension, or exemption in special cases if the circumstances of the supporting parent change significantly.
2.1. The Supporting Parent Requests Reduction, Suspension, or Exemption
Under both legal regulations and practical interpretation:
Article 84 of the Law on Marriage and Family 2014 allows the supporting parent to request a reduction, suspension, or exemption from child support if they can prove financial hardship—such as unemployment, bankruptcy, illness, or force majeure events (natural disasters, accidents, etc.).
If the Court accepts that the reasons are legitimate, it may temporarily suspend or adjust the level of support to match the person’s actual financial capacity.
However, a complete exemption is generally granted only if the parent truly has no substantial financial ability, while the child still retains the right to request support. The Court will ensure that any decision does not infringe on the child’s lawful rights and interests.
2.2. Exemption When the Custodial Parent Does Not Request Support
A noteworthy update under Resolution No. 01/2024/NQ-HĐTP:
If the parent directly raising the child does not request support from the other parent, and the Court determines that this parent has sufficient capacity and resources to raise the child independently, the Court may not require the other parent to pay child support.
In other words, the right to request support belongs to the custodial parent. If they voluntarily and consciously waive that right while still being capable of caring for the child, the Court will not compel the other parent to fulfill the obligation.
3. Circumstances Where the Obligation Is Terminated or Fully Exempted
Beyond reduction or suspension, the law also provides cases where the child support obligation ends entirely, meaning the parents no longer have a legal duty to support the child.
According to Article 118 of the Law on Marriage and Family 2014, the obligation to provide child support terminates when any of the following occur:
The person receiving support reaches adulthood and is capable of working or has assets sufficient to support themselves;
The person receiving support is legally adopted;
The supporting person directly assumes the responsibility of raising the supported person;
Either the supporting person or the supported person dies;
In cases of divorce, the supported person marries another person;
Other circumstances as prescribed by law.
In practice, the two most common situations are:
The child turns 18 and is capable of earning a living or has sufficient assets to live independently;
The child is legally adopted, in which case the biological parents’ obligations cease.
However, it is important to note:
The termination of support is not automatic—if there is a dispute, the Court will evaluate the specific circumstances before deciding.
In some cases, even if the child has reached adulthood, if they are unable to work or have no means of self-support, the parents are still obligated to provide financial support.
4. Practical Examples and Application Notes
Example 1: The Child Reaches 18 and Has a Stable Income
Mr. A divorced his wife, and their common child, B, turned 18 and started working with a steady income. In this case, Mr. A may be exempted from his child support obligation since B is an adult and financially independent.
Example 2: The Child Is 20 but Suffers from Severe Illness
Ms. C, aged 20, suffers from a chronic illness and cannot work or support herself. Despite being an adult, her parents are still legally required to provide support.
Example 3: The Custodial Parent Declines Support
Ms. D directly raises her child and does not request financial support from the father. If Ms. D is financially capable, the Court may, based on Resolution 01/2024/NQ-HĐTP, decide that the father is not obligated to pay child support—provided that this waiver does not harm the child’s interests.
Practical Considerations for Legal Procedures or Disputes:
Any request for reduction or exemption must be supported by documented evidence (e.g., proof of unemployment, medical records, financial statements).
The custodial parent should carefully consider before waiving the right to request support, as reinstating it later may be difficult if circumstances change.
In disputes, parties should prepare evidence of income, living expenses, and the child’s work capacity for the Court’s review.
5. Conclusion
In principle, parents cannot unilaterally exempt themselves from the obligation of child support if the supported person is a minor or an adult incapable of self-support. However, the law does allow flexibility for reduction, suspension, or exemption in cases where the supporting parent faces legitimate financial hardship or the custodial parent voluntarily declines to request support while being capable of raising the child.
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