Waiver of Support
Either parent may waive their right to Guideline Child support as long as such agreement complies with California Family Code section 4065, which is set forth as follows:
- Unless prohibited by applicable federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court shall not approve a stipulated agreement for child support below the guideline formula amount unless the parties declare all of the following:
- They are fully informed of their rights concerning child support.
- The order is being agreed to without coercion or duress.
- The agreement is in the best interests of the children involved.
- The needs of the children will be adequately met by the stipulated amount.
- The right to support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance application is pending.
- The parties may, by stipulation, require the child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer pursuant to Section 4508.
- A stipulated agreement of child support is not valid unless the local child support agency has joined in the stipulation by signing it in any case in which the local child support agency is providing services pursuant to Section 17400. The local child support agency shall not stipulate to a child support order below the guideline amount if the children are receiving assistance under the CalWORKs program, if an application for public assistance is pending, or if the parent receiving support has not consented to the order.
- If the parties to a stipulated agreement stipulate to a child support order below the amount established by the statewide uniform guideline, no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable guideline level or above.
As long as the parties know what the Guideline Child Support will be, either party can waive the receipt of the Guideline Child Support so long as neither parent was forced into such an agreement and neither party is receiving public assistance. This agreement to waive the receipt of Guideline Child support must be in writing to be enforceable. However, as paragraph d above states, either party can petition the Court to modify the Child support order without the requisite showing of a change in income or visitation schedule by either party which is normally required.