It’s common for parents to want flexibility in handling finances after a separation. But when it comes to child support, California law places clear limits on what parents can agree to.

Child Support Is a Child’s Right

One of the most important principles in California family law is that child support belongs to the child—not the parents.

Because of this:

• Parents cannot permanently waive child support
• Agreements that limit support are closely reviewed by the court

Can Parents Agree to Lower Support?

Yes, but only under certain conditions.

Parents may agree to an amount below the guideline if:

• The agreement is in the child’s best interest
• Both parties fully understand their rights
• The court approves the agreement

Without court approval, such agreements may not be enforceable.

Can Parents Avoid Court Involvement?

No. Parents cannot remove the court’s authority over child support through:

• Private agreements
• Arbitration arrangements that bypass court jurisdiction

The court always retains the power to modify or enforce support.

Security for Child Support Payments

In some cases, courts may require a parent to provide financial security for support payments, such as:

• Setting aside funds
• Placing a lien on property

This typically happens when there are concerns about future payment reliability.

Talk to an Attorney Before Agreeing to Child Support Terms

Child support agreements can have long-term financial consequences.

A family law attorney can:

• Review your agreement for fairness and legality
• Ensure court approval is properly obtained
• Help you avoid unenforceable or risky terms

If you’re considering a child support agreement, getting legal advice can help protect your child’s financial future.