How to Get No Child Support When There Should Be: Santa Clarita Divorce | Santa Clarita Divorce

Posted by Tim Blankenship on

 

How to Get No Child Support When There Should Be: Santa Clarita Divorce

If you do not want child support to appear in your official divorce order even though the child support calculation says there should be, attach the FL 342-a non-guideline order.

What that sentence means in plain language

The guideline child support calculation produces a presumptive number based on income, custody time, and other factors. Courts start with that number. But parties can agree, or a judge can order, a deviation from the guideline when there are legitimate reasons. A written non-guideline order is the mechanism that documents and explains that deviation so it becomes part of the official court order.

When a non-guideline order makes sense

  • Parents mutually agree that the guideline number is not appropriate because of special circumstances.
  • There are substantial shared parenting hours that change the fairness of the guideline formula.
  • One parent is already providing significant financial support or paying major child expenses directly.
  • There are unusual expenses, debts, or income sources that the guideline model does not capture.

Steps to use a non-guideline order (practical checklist)

  1. Run the guideline calculation so the court record shows what the formula produces and why a deviation is being requested.
  2. Prepare the FL 342-a non-guideline order (or the local equivalent). Clearly state that the parties request a deviation from the guideline amount and attach the calculation worksheet.
  3. Explain the reasons for the deviation in writing. Provide facts and documentation: parenting time schedules, expense receipts, proof of payments, and any other relevant financial information.
  4. Submit the order to the court as part of your dissolution paperwork. If both parties agree, get the judge to sign the stipulated order. If not agreed, be prepared to present your reasons at a hearing.
  5. Include modification and enforcement language so it is clear how future changes are handled and how the order will be enforced if necessary.

What to include in the non-guideline order

  • A clear statement that the parties are deviating from the guideline child support calculation.
  • The exact child support amount (often zero) or a description of how support will be handled.
  • Specific factual reasons for the deviation (shared expenses, equal parenting time, current direct support, special needs, etc.).
  • Reference to the attached guideline calculation worksheet so the court file shows both the guideline number and the deviation.
  • Start and end dates, review triggers, and modification language.

Caveats and important tips

  • The court has discretion. A judge will evaluate whether the deviation is in the best interest of the child and supported by facts.
  • An agreed order signed by both parties carries more weight than an unsupported request for deviation.
  • Documentation is everything. Keep copies of payments and expense records that justify the non-guideline arrangement.
  • Confirm form names and filing procedures with your local court clerk or an attorney. Local practices and form numbers can vary.
  • Consider the long-term implications: tax consequences, retirement, health insurance, and future modification needs.

Sample clause (illustrative)

The parties acknowledge that the guideline child support calculation (attached) results in a child support obligation. For the reasons stated in the attached declaration (shared parenting time, direct payment of major expenses, and financial parity), the parties request that child support be set at zero dollars. This non-guideline order is intended to deviate from the guideline calculation and is agreed to by both parties.

Final thoughts

Attaching a properly drafted non-guideline order is the straightforward way to document a zero or different child support arrangement when the guideline calculation would otherwise require payment. Make sure the deviation is well-documented, reasonable, and presented to the court in the correct form so the agreement becomes an enforceable part of the divorce order.

Next step

Talk with a family law attorney or the local court clerk to confirm the exact form name and filing steps for your county before filing. Accurate paperwork and clear justification greatly increase the chance the court will approve a non-guideline arrangement.