Can You Terminate or Waive Child Support in Orange County?

When having a child, parents typically don’t imagine divorcing or separating afterwards. When child custody and support come into play during legal proceedings, it can cause immense stress for the entire family. Parents often find themselves wondering, “Can you terminate or waive child support in Orange County?”

Hire a Child Support Lawyer – Creative Family Solutions

At Cianci Law, PC, our team has a niche focus on family law matters. Child custody and support proceedings can have a traumatic effect on those involved. Having a compassionate lawyer during this time can help ease that stress. With multiple Certified Family Law Specialists on our team, Cianci Law, PC, is here to help you navigate California’s complex laws.

California Child Support Laws

In 2022, California had a divorce rate of 5.88 divorces per 1,000 residents. For divorcing couples with children, you’ll need to pay child support. Under California law, parents are required to support their children until they turn 18 or, if still in high school, until age 19.

You cannot waive or terminate child support since doing so is not in the best interests of your child. However, a parent can ask the Lamoreaux Justice Center in Orange to change the amount of child support at any time. This is called a modification.

A modification can either raise or lower the current court-ordered amount. It’s important to hire an Orange County child support lawyer during this time, as they can help make an argument for your side.

When Child Support Can Be Modified

You might want to request a modification if:

• Your job changes
• Your income changes
• The other parent’s income changes
• Custody or visitation arrangements are different
• You become disabled
• You are in jail or prison
• You are called to active military duty

You’ll need to show the courts proof of these changes. This can include documents showing your income and expenses, child care costs, disability status, and current custody arrangements. The court will then review the information from both parents and decide whether a modification is necessary.

Usually, a modification can be made if the support order would change by 20% or $50, whichever is smaller. If both parents agree on the new amount, they can file with the court. If the parents can’t agree, they’ll need to appear in court, where a judge will make a decision.

How California Courts Enforce Child Support

In 2025, there were 636,643 children living in Orange County. Failing to pay child support can have serious consequences in California. If payments are not made, you may start accruing interest on your future payments. Late payments can also be reported to credit bureaus. This can harm your credit score and make it harder to get loans, housing, or even some jobs.

Your bank accounts can be levied, meaning money can be taken directly from your accounts without warning. Assets can also be seized to cover unpaid support. Liens can be placed on property, meaning the child support owed can be deducted when the property is sold. Failing to pay can also result in license suspensions. This can include professional, business, and driver’s licenses. In severe cases, you may face jail time.

If you’re struggling to meet your child support payments, don’t just avoid them. It’s important to reach out to your lawyer and the courts to request a modification to the order.

Why Choose Us?

When you work with the team at Cianci Law, PC, you’re working with parents who understand the difficulties you may be experiencing. There is no judgment in your appointments with us. We want to foster an environment where our clients can be as open and honest about their needs as possible, while offering them years of legal experience and advice.

FAQs

How Is Child Support Calculated in Orange County?

In California, child support is calculated using a statewide uniform guideline to make sure orders are fair. The amount of support depends on each parent’s income and the time each parent spends with the children. The guideline uses a formula to calculate the support amount, which takes into account the higher-earning parent, the total income of both parents, and how much time the children spend with each parent.

Are Child Support Payments Taxable Income?

Child support payments are not considered taxable income. This means that the parent receiving child support does not have to pay taxes on it. The parent making the payments cannot deduct them from their own taxes. When figuring out gross income to determine whether you must file a tax return, do not include child support payments.

What Can Child Support Pay for in California?

Child support is paid to the parent who has primary custody to help cover the costs of raising their child. The goal of child support is to ensure that a child’s standard of living is maintained even after parents separate or divorce. Child support covers ordinary living expenses such as rent or mortgage, utilities, groceries, and clothing. As children grow, their needs change, and the calculation reflects these adjustments.

How Does Child Support Work if My Child’s Other Parent Lives in Another State?

California’s Uniform Interstate Family Support Act sets the rules for handling child and spousal support when parents or children live in different states. California courts can make support orders or modify existing ones if they have jurisdiction. California has jurisdiction in cases where the person was served in California or the child lives in California. Courts can continue to modify orders if California remains the residence of the child, the person paying support, or the person receiving it.

Choose a Trusted California Family Law Firm

The attorneys and paralegals at Cianci Law, PC, are here to support you. We want to give you as much information about your rights and legal options as possible. Doing this can help you make informed decisions about your future. When you work with us, you maintain control during a time that may feel destabilizing. Contact our office today to learn how we can help you.

Orange County Child Support Resource:

• The Challenges of Child Relocation in an Orange County Divorce