CAN PARENTS AGREE TO NO CHILD SUPPORT?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can parents agree that no extra child support is needed during the divorce? If both parents agree during the divorce that no extra child support is needed, is this allowable? Father has agreed to pay childs insurance.

ANSWER: Parents can agree to such a provision, but before agreeing to it, they should reveal their respective incomes to the other, exchange Income and Expense Declarations, and each parent should seek advice from his or her attorney as to what child support should be according to the California Child Support Guidline formula, and whether it would be wise to enter such an agreement.

Child support is based on the income of each parent and the custodial timeshare.

Hypothetically, if both parents have substantially the same amount of monthly income, and if actual physical child custody is split 50/50 between them, child support would be $0.

Family Code Section 4065(a) sets forth specific provisions which must be set forth by the parties in a stipulated agreement for child support below the Child Support Guideline formula amount, as follows: 1) They are fully informed of their rights concerning child support; 2) The order is being agreed to without coercion or duress; 3) The agreement is in the best interests of the children involved; 4) The needs of the children will be adequately met by the stipulated amount; and 5) The right to child 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.

Even if the parties agree/stipulate to no child support, or child support below the Guideline formula amount, Family Code Section 4065(d) provides that no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable guideline level or above.

If one of the parties has health insurance available for the child through his/her emploment at no cost or reasonable cost, that party is ordinarily required to provide such health insurance for the child, and the cost of the health insurance is factored into his/her Income and Expense Declaration and the Guideline calculation, and the child's health costs that are not covered by the health insurance (such as co-pays) are normally split 50/50 between the parents, unless there is a substantial difference between the parents' incomes. If neither parent has health insurance available for the child through his/her employment, the cost of the child's health insurance should be factored into an adjustment of Guideline support, or split between the parties 50/50 or in a manner appropriate to their relative incomes.