How to get NO CHILD SUPPORT when there SHOULD BE : Santa Clarita Divorce
When a child support calculation shows that one parent should pay, it is still possible to have no child support ordered — but only if the court is given the right documentation and findings. A commonly used tool in California family law is the FL-342A non-guideline order. Properly prepared and attached to your judgment, that form explains why the parties are deviating from the guideline amount and asks the judge to make a non-guideline finding.
If you don’t want there to be child support in your official divorce order but the child calculation says there should be attach the FL 342-a non-guideline order
What is the FL-342A non-guideline order?
The FL-342A is a court form used to document a request for a non-guideline child support order. When the statewide child support calculator produces a number, California courts presume the guideline amount is appropriate. To depart from that presumption, the court needs written findings explaining the reason for the deviation. The FL-342A provides a place to record those findings and the factual basis for the departure.
When can you realistically get no child support?
- When both parents agree to a different financial arrangement that the court finds supports the child’s best interests.
- When financial circumstances and shared responsibility make the guideline amount unnecessary or unfair.
- When other support mechanisms exist, such as an unequal division of assets, major ongoing expenses covered by one parent, or a parenting schedule that effectively equalizes costs.
- When the court is convinced that deviation from the guideline is supported by credible evidence and written findings.
How to request no child support using FL-342A
- Run the child support calculation and include the calculation worksheet in the court packet so the baseline guideline number is on record.
- Prepare the FL-342A non-guideline findings form. Be specific: list the facts, financial numbers, parenting time details, and any agreements between the parties that justify no support.
- Attach supporting documentation: income declarations, expense lists, custody schedule, and any agreements about property division or expense sharing.
- Include the FL-342A with the proposed judgment or stipulated judgment so the judge can review it when signing the final order.
- Be prepared to present the evidence and answer the judge’s questions at the final hearing. Courts expect clear reasons for departing from the guideline.
What judges look for in a non-guideline order
- Detailed findings explaining why the guideline amount is inappropriate.
- Credible supporting facts such as incomes, extraordinary expenses, health needs of the child, or equal sharing of costs.
- Evidence of agreement when the deviation follows a mutual settlement between the parties.
- Best interests of the child — the court must be satisfied the child’s needs will be met despite the deviation.
Risks and important considerations
- Non-guideline orders are scrutinized. If the court finds the written findings inadequate, it may require the guideline amount instead or ask for additional evidence.
- A non-guideline agreement can still be modified later if circumstances change. The absence of a guideline figure today does not prevent future modifications.
- Enforcement and public benefits: if a parent receives public benefits, agencies may challenge non-guideline arrangements.
- Tax and practical consequences: make sure any agreement about expenses, health insurance, and tax exemptions is documented to avoid disputes.
- Legal advice is recommended. Courts vary in how readily they accept non-guideline deviations and an attorney or experienced mediator can help draft findings that hold up.
Practical drafting tips
- Be specific rather than vague. Replace general statements with numbers and examples: monthly incomes, who pays what expense, and how parenting time is split.
- Address future changes. Add review or modification triggers so both parties know when and how support can be revisited.
- Include a clear statement that the parties request a non-guideline order and attach the relevant calculation showing the guideline amount for context.
- List any offsets or tradeoffs, such as one parent keeping a pension, receiving more equity in the house, or taking on major ongoing expenses like health care.
Final thoughts
Getting no child support when the calculator shows there should be it is possible, but it requires careful documentation, honest disclosure of finances, and clear findings that justify the deviation. The FL-342A non-guideline order is the tool courts expect to see when parties ask for something other than the guideline amount. Thoughtful preparation and legal guidance will improve the chances that the request is accepted and that the resulting order is durable and enforceable.
