If we share 50/50 custody can I waive the child support order ?
2 attorney answers
This is a great question; I have dealt with many cases where parents have discussed out-of-court agreements where one party will receive full custody of the minor children in exchange waiving the children's legal rights to receive financial support. In these scenarios, one parent will balance having full control and custody of the children, and avoiding conflict in court, and the other parent is focused on avoiding their financial obligations. The problem with these agreements are they are typically not enforceable, as parents can not waive their child support obligations.
Attorney Routledge is correct, you can simply file a stipulation and order that both parties stipulate and agree to zero-out child support for the time being, but not indefinitely.
This is because child support is for the benefit of the minor children and can never be waived indefinitely. California Family Code section 4001 provides that "the court may order either or both parents to pay an amount necessary for support of the child" because a minor child's right to receive parental support is inherent and that child's legal right cannot be waived by either parent/party. see Marriage of Ayo (1987) 190 Cal.App.3d 442 (establishing that a parent has a legal obligation to pay child support and cannot be overruled or waived by the individual parties).
Thus, neither parent can waive their obligation to pay child support, but parents have great deal of flexibility in creating a parenting plan.
Accordingly, you should be able to file a stipulation to receive child support of $0, but you can modify this and request support at any time in the future.
One option would be to file your request for support with the Department of Child Support Services (DCSS) and they will file, collect, and enforce your child support order with their attorneys and staff on your behalf and minimize your contact with the other parent.
Good luck and I would not hesitate to contact a local family law attorney in your area.
You could submit a Stipulation and Order signed by both of you that modifies the support order to zero. Here's a link to the form: