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Can Former Spouses Agree to Waive Child Support in a San Diego Divorce?

On Behalf of | Apr 19, 2019 | Child Support

Can former spouses agree to waive child support in a San Diego divorce?  If the couple has evenly split the assets and is sharing parenting responsibilities will that suffice?

The short answer in most cases is simply “no.” California family law specifically addresses this issue.  Parents are not allowed to waive child support, and in some cases this can actually work against you.

In California, the presiding principle is “What is in the best interests of the child?”  In many cases, a parent may agree to waive child support when negotiating with their former spouse for many reasons. They might agree to waive child support if the other parent agrees to take less time with the kids, of in favor of increasing another factor in the divorce such as spousal support.

The Court may simply not allow it when the former spouses agree to waive child support in a San Diego divorce.  California has specific guidelines for child support calculation. The first step in the process is to follow the law and calculate “guideline” child support based upon these laws. The court may agree to deviate in some circumstances, but the first question the magistrate or Judge will ask is “What is guideline support in this matter?”

Once that is established, the Judge may consider other factors when determining child support, such as:

  • Private Education Costs
  • Special Needs of the Child
  • Extra-Curricular Activities
  • Award of the Family Residence

There are too many factors to list here.  The bottom line for those who are beginning to think about divorce in North County San Diego and child custody, visitation and support issues is this:
“The parties may not by agreement “divest” the court of its jurisdiction to order child support.”

The experienced child custody, child support and divorce attorneys at Burke and Domercq can advise you in these cases, and work with you to develop the case for non-guideline support when it can be shown to be in the best interests of the child(ren). We invite you to contact us or call 760-389-3927 to schedule an appointment.