Parents ask this in two situations: they have reconciled and no longer want the arrangement, or the receiving parent is willing to waive support in exchange for something else.
The short answer is that no parent can cancel child support unilaterally. A child support order is a court order, and it remains binding until a court changes it. What parents can do is ask the court to modify or terminate it, and there are limits on what the court will approve.
Why a Parent Cannot Simply Waive It
California treats child support as belonging to the child rather than to the receiving parent. The receiving parent administers it; they do not own the right.
The consequence is that a parent cannot bargain it away. An agreement that one parent will not pay child support in exchange for the other giving up parenting time, or in exchange for a larger share of property, is not enforceable and will not be approved. Courts refuse these regularly.
Support and parenting time are separate questions. Neither can be traded against the other.
What Happens If the Parents Just Stop
An informal agreement to stop payments creates a serious problem that surfaces later.
The order remains in force. Arrears accumulate for every month the ordered amount is not paid, regardless of what the parents agreed privately. California charges interest on unpaid child support at a statutory rate, and that interest compounds the balance quickly.
Child support arrears in California are not dischargeable in bankruptcy and generally have no statute of limitations for enforcement. A parent who stopped paying with the other parent’s blessing can find themselves facing a substantial judgment years afterward, and the informal agreement is little defence.
If circumstances have changed, file to modify the order. That is the only route that actually protects both parents.
When Support Can Properly Be Modified or Terminated
A court can change a child support order where circumstances have changed materially since it was made.
Change in either parent’s income. Job loss, a significant reduction, or a substantial increase in either direction.
Change in the parenting timeshare. The guideline calculation includes each parent’s percentage of time with the children, so a schedule change affects the figure.
Change in the child’s needs. New medical requirements, childcare costs beginning or ending, special needs.
Additional children. A parent’s support obligation for other children can affect the calculation.
Change in health insurance or childcare costs, which are accounted for separately in the guideline.
Modification is requested using form FL-300, Request for Order, supported by a current FL-150 Income and Expense Declaration from each parent. Support is generally modified from the date of the request rather than backdated, which is a strong argument for filing promptly rather than waiting.
When Child Support Ends
Child support generally ends when the child turns eighteen, or nineteen if they are still an unmarried full-time high school student living at home, whichever comes first.
It can also end earlier if the child marries, joins the military, or is otherwise emancipated.
Two exceptions extend it. Parents can agree to support a child through college, and that agreement is enforceable if made an order. And where an adult child is incapacitated and unable to support themselves, California law can require continuing support.
Note that termination is not always automatic in practice. Where there are multiple children, the order does not simply reduce itself when the eldest turns eighteen unless it was drafted to do so. Where wage garnishment is in place, it may need to be formally ended. Check the order rather than assuming.
Reconciliation
Where parents reconcile and resume living together, the practical basis for the order disappears, but the order does not.
File to terminate or suspend it. Otherwise arrears continue accruing on paper, and if the reconciliation does not last, that balance is enforceable.
If a Child Support Agency Is Involved
Where the local child support agency is administering the case, often because public assistance has been involved, additional considerations apply.
Where the state has provided public assistance to the family, it may have its own claim to reimbursement from the paying parent, and the receiving parent cannot waive that portion. Child support services agencies are a party to those cases, and any modification involves them.
If your case is being handled by a child support agency, contact them as well as the court. An agreement between the parents alone does not bind the agency.
Agreeing on a Different Amount
Parents can agree to an amount that differs from the guideline calculation, and courts will approve it in certain circumstances.
The court must be satisfied that both parents understand their rights and the guideline figure, that neither is under duress, that the agreement serves the children’s best interests, and that the amount is adequate for the children’s needs.
An agreement below guideline is scrutinised. An agreement to zero, absent unusual circumstances such as truly equal time and equal incomes, is unlikely to be approved.
Get the agreement made into an order. An agreement not entered as an order is not enforceable, and does not stop the original order accruing.
Enforcement of Arrears
Where a parent does not pay, California child support laws provide extensive enforcement tools: wage garnishment, interception of tax refunds, suspension of driver’s and professional licences, liens against property, passport denial, and contempt proceedings.
These apply to the ordered amount. They do not distinguish between a parent who refused to pay and one who stopped by agreement, which is why the informal arrangement is such a poor idea.
If You Cannot Afford the Payments
File a modification request immediately rather than falling behind. Courts can adjust the amount going forward; they generally cannot retroactively forgive arrears that have already accrued.
A parent who loses a job and files within weeks is in a much better position than one who stops paying and files a year later. The difference is not the loss of income; it is the timing of the filing.
Frequently Asked Questions
Can the Parents Agree to No Child Support at All?
A court must approve it, and approval is unlikely unless the circumstances genuinely support it, such as equal timeshare with comparable incomes.
Can I Stop Paying If I Am Denied Parenting Time?
No. Support and parenting time are separate. Denial of parenting time is addressed by a request for order to enforce the custody order.
Can Support Be Lowered Retroactively?
Generally only back to the date the modification request was filed, which is why prompt filing matters.
What If the Paying Parent Moves out of State?
California orders are enforceable across state lines under interstate enforcement provisions.
Does Remarriage End Child Support?
No. A new spouse’s income is generally not used to calculate a parent’s child support obligation, though there are narrow exceptions.
Handling It Through the Court
Almost every serious problem in this area comes from parents making arrangements between themselves without changing the order. Whatever you agree, get it made into an order.
Our Tustin office handles child support, child custody and modification requests throughout Orange County. Read more about modifying support, how child support is enforced in California, or what to do if you cannot afford child support. To discuss your order, contact our office.
This article is provided for general educational purposes and is not legal advice. California statutes and enforcement procedures change, and every case depends on its specific facts. Consult a qualified California family law attorney about your circumstances.
