You Cannot Waive Child Support On FL-100 PetitionThursday, March 8th, 2018
You Cannot Waive Child Support On FL-100 Petition
Hi, Tim Blankenship here with divorce661.com and what we’re talking about today is more about the petition and issues that we see when people file their own divorce cases before hiring us for our help.
Is, in this case, we’re talking about the petition related to child support, we’re talking about Number 7 on Page 2 of the FL 100. What we’re seeing a trend of people doing incorrectly, is they are marking the other box and saying parties waive child support. In California, child support cannot be waived.
You may be able to have a Zero Support Order in some cases, if that’s how it pencils out, but you cannot waive child support. In fact, Box A of Number 7 says if there are minor children born or adopted by petitioner or respondent, the court will make orders for child support. It says right there, so you cannot waive it.
Now we have lots of people who do not want there to be child support for one reason or another and there’s a way to accomplish that, but you cannot put on the petition that you’re waiving child support. You’re basically violating California law. You basically will have to amend your petition if you do this because it’s incorrect.
So, don’t put anything in the other box. You shouldn’t be marking anything, in most cases for Number 7, for child support, leave that alone. Court’s going to make child support mandatory. It’s mandatory in the state of California, so leave that box alone. Now, if you want a Zero Support Order, you can do that.
There’s a way to do it. It’s very technical. We do it all the time, but you need to know the exact legalese to do that. So if you need help in doing that, give me a call, we can certainly help you finalize your case if that’s where you’re at with your judgment. Or if you’re in the beginning stages of your divorce, just give us a call, make it much simpler to have us work your case from day one.
Tim Blankenship, divorce661.com. Hope you have a great day. Talk to you soon.