Waiver of Support
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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.
A Practical Guide to California Family Law
By Paul A. Eads, Esq.
This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.
Client Testimonials
See What Others Are Saying
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"Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference."Mr. Eads, you are a true master in your field.- Peter K.
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"Mr. Eads worked hard for me and I am confident he will do the same for you."My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.- K.Y.
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"He was very sympathetic to my cause and was very reassuring when I needed his assistance."I was very pleased with the outcome of my case.- Albert N.
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"I was barely able to make ends meet. Mr. Eads worked out a payment plan with me and reduced my arrears."I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.- John H.
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"The outcome was much more than I ever expected to receive."My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.- J.L.
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"Mr. Eads when to bat for me and in my opinion, hit a home run."I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.- Veronica S.
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"Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex."I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.- J.A.
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"Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody."I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!- Paul W.