How to Prepare a Child Support Order When No Child Support is Requested in California | California Divorce

Posted by Tim Blankenship on

 

How to Prepare a Child Support Order When No Child Support is Requested in California

Understanding how to navigate the complexities of divorce, particularly when children are involved, can be daunting. If you’re someone who doesn’t want child support as part of your divorce proceedings in California, you’re not alone. Many individuals find themselves in a similar situation, and it’s important to know that child support is mandatory in California. However, there is a way to structure your case to reflect a zero child support order. Let’s dive into how to do this effectively.

Mandatory Child Support in California

First, let’s clarify the law. In California, child support is not optional; it’s required by law. This means that even if both parents agree not to request child support, the court still needs to have a record of child support in the divorce documents. The challenge arises when parents want to ensure that the child support figure is zero.

Many people have approached me over the years with the same question: “Can we handle everything outside of court and not have a child support order?” The answer is yes, but it requires careful preparation and specific forms. This blog will guide you through the process of preparing a child support order when no child support is requested.

Understanding the FL 342 Form

To begin, you’ll need to fill out the FL 342 form, which is the Child Support Order Attachment. This form is crucial even if you do not want child support. It needs to be completed accurately to reflect that both parties agree that no child support will be paid.

When filling out the FL 342, you’ll want to mark it as an attachment to the FL 180 form. This is the standard form for a judgment in a divorce case. Here’s how to proceed:

Step-by-Step Guide to Completing the FL 342

  • DissoMaster Printout: First and foremost, you need a DissoMaster printout. This is a court calculation tool that provides the basis for child support calculations in California. If you’re using the services of California Divorce Tutor, you can request a free DissoMaster calculation. This printout must show zero child support due.
  • Mark the Correct Boxes: On the FL 342, mark the appropriate box to indicate that this document is an attachment to the FL 180. You can skip many sections if your DissoMaster includes the required data, including income and number of children.
  • Child Support Section: In section six, mark the child support box. It’s essential to indicate that there will be no payment of child support. Fill in the child’s name and date of birth as per usual.
  • Indicate Zero Support: Write zero in the section for support amounts. Then state that no child support is due from either party. Be sure to check the box that indicates this is per the DissoMaster calculation.
  • Healthcare Expenses: Even if you’re not ordering child support, you should still consider healthcare expenses. Indicate how these will be managed between both parties.
  • Page 3 Details: On page three, refer to number 11 and indicate that you will attach the FL 342 form. This is where you’ll provide a specific declaration stating that neither party is obligated to pay child support at this time.

The Importance of a Specific Declaration

When requesting a zero child support order, it’s not enough to just fill out the FL 342. You also need to include a specific declaration that outlines the custodial arrangement and financial status of both parties.

This declaration essentially states that both parents have been informed of their rights regarding child support. You can find a template for this declaration by searching for MC-025 online. Copy and paste the relevant language into your document, making sure to reference it correctly on your FL 342.

Without this declaration, the court may not approve your zero child support order. This is a critical step that cannot be overlooked.

Finalizing Your Judgment Package

Once you have completed the FL 342 and the declaration, you’ll need to compile these documents into your judgment package. Make sure everything is organized and that you have the necessary copies of all forms. This is essential for filing with the court.

The final step is to ensure you email me with the information needed to prepare your DissoMaster. This is a vital part of your documentation and must be included in your submission to the court.

Key Takeaways

Preparing a child support order when no child support is requested in California can seem overwhelming, but it’s entirely manageable if you follow the steps outlined above:

  • Understand that child support is mandatory in California.
  • Fill out the FL 342 form as an attachment to the FL 180.
  • Obtain a DissoMaster printout showing zero support.
  • Include the necessary declarations and language to ensure approval.
  • Compile all documents into a judgment package for court submission.

By following these guidelines, you can successfully navigate the divorce process without the added burden of child support payments. Remember, it’s crucial to be thorough and precise in your documentation to ensure that your wishes are respected by the court.

If you have any questions or need further assistance, feel free to reach out. I’m here to help you through this process.

Tim Blankenship with Divorce661.com and California Divorce Tutor, wishing you the best in your journey ahead.

 

Tim Blankenship – who has written posts on Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal.

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