Can You Waive Child Support in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Setting child support payments is an important part of any divorce or custody case. The courts have an interest in ensuring that child-rearing costs are fairly shared between both parents. As you begin the process, you may be wondering, “Can you waive child support in California?” We can explain how the process works and whether or not you can opt out of court-ordered payments.
Waiving Child Support in California
In California, the courts have an interest in making sure that children receive financial support to meet their basic needs. Child support serves this purpose in many divorce cases. Child support also balances child-rearing costs more fairly because many custody agreements allow a majority or a small majority of time to one parent, although equal shared parenting schedules are becoming increasingly common.
Parents generally cannot waive child support because the focus is on the needs of the child and not on the preferences of the parents. The judge overseeing a custody case or divorce will focus on the best interests of the child when deciding whether to set child support and how much should be paid by one parent to the other.
Nationally, mothers account for approximately 79.9% of custodial parents, according to the U.S. Census Bureau. In cases where both parents share parenting time equally or close to equally, a more common arrangement is for one parent to have a lower financial responsibility through child support. The courts also consider who earns more, so there may still be justification to have one parent pay some amount of child support when they are the higher earner.
That being said, a judge does have the discretion to honor a request by both parents to remove child support obligations. In Los Angeles County, child support cases are typically heard at the Stanley Mosk Courthouse, located at 111 North Hill Street, Los Angeles, CA. In Orange County, cases are addressed at the Lamoreaux Justice Center at 341 The City Drive, Orange, CA.
Situations Where Child Support May Be Reduced
There were 114,238 marital filings (dissolutions, legal separations, and nullities) in California in fiscal year 2020-2021, and many involved child support. The divorce rate in California is approximately 6.9 per 1,000 women aged 15 and older. With divorce and separation cases remaining common, child support issues frequently arise during the breakup of family units.
The bottom line for most cases remains the focus on the child and ensuring that they receive financial support from both parents. If the parent who does not have primary custody is a low-wage earner, the courts will consider this when setting child support.
In the 2023 federal fiscal year 2023, California collected over $2.5 billion in child support payments, with a significant portion distributed directly to families. A custody agreement where child support is waived would be more likely in situations where parents share custody and spend equal amounts of time caring for the child.
If both parents are requesting that a custody order not include child support, a judge may consider that as one factor among several. During a divorce, one spouse may make concessions in return for a request from the other parent not to seek high child support payments. Ultimately, the judge may consider the totality of factors before approving or denying a request for child support to be waived.
If waiving child support is a top priority for you, one important first step is to let your attorney know early on in the divorce process. If your spouse is requesting child support, a judge would need compelling evidence to support denying the primary caregiver additional financial support.
In cases where both parties are in agreement and parenting time is largely shared, having the right legal representation can improve your odds of having court-ordered child support waived. The other party would still have the right to seek child support at a later time if there has been a material and substantial change in their or your financial circumstances.
FAQs
Can You Waive Child Support in California?
In California, parents cannot permanently waive a child’s right to receive financial support. Even if both parents agree, the court must approve any changes to support obligations. Judges prioritize the child’s best interests over parental agreements. If you want to modify or limit child support, filing a formal request through the family court is necessary to obtain legally valid approval.
Is Child Support Mandatory in California?
Child support is generally mandatory in California when one parent has primary custody or a significant difference in income exists. Courts use a statewide guideline formula to calculate the amount owed. Parents cannot avoid the obligation simply by agreement. Filing a proper support order ensures the child’s financial needs are met and prevents future disputes over unpaid or improperly handled obligations.
Can Fathers Opt Out of Child Support in California?
Fathers cannot simply opt out of paying child support in California. Financial support is considered the right of the child, not the parent. Courts enforce this obligation regardless of parental preferences. Filing a support order modification may be possible under changed circumstances, but voluntary termination of financial responsibilities without court approval is not allowed under California law.
Can You Stop Child Support in California if Both Parents Agree?
You can potentially stop child support in California if both parents agree, but the court must approve the change. Private agreements are not legally binding without a judge’s authorization. Filing a stipulation and order for approval is necessary to modify or terminate support legally. Courts carefully review any proposed changes to ensure the child’s financial needs remain adequately protected under the law.
Protect Your Child’s Interests With Quinn & Dworakowski, LLP
In California, child support is considered a legal right of the child, not something parents can waive by private agreement. Although parents can sometimes agree to lower support amounts, the court must review and approve any arrangement to ensure the child’s needs are fully met. Protecting the child’s well-being remains the court’s top priority in every case.
At Quinn & Dworakowski, LLP, our experienced family law attorneys are ready to help you address child support matters with clarity and care. We can tailor our strategies to your situation while focusing on your child’s welfare. Contact our office today to schedule a consultation.
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