Is Child Support Mandatory in a California Divorce?

All parents have a legal, if not inherent, obligation to support their children. In other words, you cannot waive child support or buy out the other parent by agreeing to not demand support in return for the other parent relinquishing custody, visitation or other parental rights.

Child support is determined by guidelines published by the state. The courts will base support on the following factors:

• income of both custodial and non-custodial parent from a variety of sources
• amount of time each parent spends with the child
• number of children
• certain deductions such as spousal maintenance, mortgage, health insurance, medical expenses, child care and educational expenses

The court can deviate from the guidelines if the following circumstances are present:

• unusual living expenses for the custodial parent
• adverse economic conditions
• extraordinary medical expenses for the child
• travel expenses for visitation
• any other relevant circumstances affecting expenses and income

Can the Parents Agree on a Different Amount?

If you wish, you do not have to pay child support so long as the other parent agrees, though not formally, unless the noncustodial parent is indigent or incapacitated. Otherwise, you can agree to pay or receive a different amount and incorporate it into your final settlement agreement so long as you can show the court that:

• both of you are fully informed of your rights
• the agreement was not entered into under duress or coercion
• the child’s expenses will be sufficiently met
• the custodial parent is not receiving public assistance or it is not pending

Modifying Child Support

The amount of child support you pay or receive can also be modified upward or downwards based on a material change of circumstances so long as it is in the best interests of the child. The circumstances constituting a material change that could warrant a modification include:

• change in a parent’s earnings or earning capacity
• change in custody arrangement
• material change in percentage of time parents spend with the child
• needs of the child have increased based on illness, disability, education
• a parent has become temporarily or permanently disabled

If you are the non-custodial parent and the custodial parent demands child support and intends to seek court intervention to enforce your obligation and you are capable of paying it, then either agree to it or face a court order. As indicated, if you are the recipient parent, you can always deviate from the minimum support as determined in the guidelines so long as you do not take any action to enforce the other parent’s legal obligation or can demonstrate to the court why the agreed amount still meets the standard of what is in the best interest of your child.