The “We Agree on the Kids” Hook
You can keep a divorce simple on almost everything — property, spousal support, who gets the couch. The one thing you can’t simply sign away is child support. Ava asked attorney Michael Benavides why the friendliest, most cooperative parents still can’t just waive it.
Ava Asks, Michael Answers — Child Support, Plain English
Ava:
If both parents agree, can we just waive child support to keep things simple?
Michael, Esq.:
No — and this trips up a lot of cooperative parents. Child support isn’t the parents’ to give away; it belongs to the child. A parent can’t permanently bargain it off, even in the friendliest divorce.
Ava:
So we can’t agree on an amount at all?
Michael, Esq.:
You can absolutely agree — that’s what keeps it simple. Parents can stipulate to an amount, and the court will usually approve a reasonable one. What you can’t do is close the door forever. The court keeps jurisdiction, and support stays modifiable if things change.
Ava:
Can we agree to zero?
Michael, Esq.:
Sometimes, in narrow situations — for example, roughly equal incomes and equal parenting time — parents can agree to a below-guideline or even zero figure, but the court has to be satisfied it’s in the child’s interest and certain findings are on the record. And even then it’s never truly permanent; either parent can ask to revisit it later.
Ava:
Why is this the one thing that isn’t simple?
Michael, Esq.:
Because the law treats a child’s right to support as bigger than the parents’ agreement. Spousal support you can waive between adults. Child support you can shape, but not erase. It’s the one line a simple divorce can’t just draw.
Ava:
Is that why the quick “summary” divorce doesn’t allow kids?
Michael, Esq.:
Exactly. California’s summary dissolution requires no minor children and no pregnancy — precisely because child support and custody can’t be handled in that stripped-down process. With kids, you use a regular dissolution, and you keep it simple by agreeing on a parenting plan and a support number.
Ava:
What actually keeps a child-support agreement clean?
Michael, Esq.:
Accurate income figures from both parents, a clear parenting-time schedule, and a written stipulation the court can approve. Get those right and the agreement holds — while still leaving room to adjust if incomes or time with the kids change.
Ava:
First move for parents who agree and want it easy?
Michael, Esq.:
Trade honest income information, settle the parenting schedule, and put a supportable number in writing — rather than trying to waive support outright, which a court won’t honor.
What to Do
Even the simplest, most cooperative California divorce can’t permanently waive child support — it belongs to the child, the court keeps jurisdiction, and it stays modifiable. Agreeing parents can stipulate to an amount (and sometimes a very low or zero figure with the right findings), but not erase it forever. That’s why the quick summary dissolution excludes minor children. Get the income numbers and parenting plan right and a support agreement holds. A free Stunning Law consult in Sacramento, Stockton, or Modesto helps you build one that a judge will sign.
Stunning Law by Michael Benavides, Esq. — free consult | CA Bar No. 270714 | Sacramento, Stockton & Modesto | 707-362-4166 | attorneymichaelbenavides.com
ATTORNEY ADVERTISING. Stunning Law is a family-law content brand of the law practice of Michael Benavides, Esq., California State Bar No. 270714. Ava is an editorial brand voice, not an attorney; only Michael Benavides, Esq. provides legal analysis. General information only — not legal advice; no attorney-client relationship is formed by reading this. Authority referenced (Family Code §§3585, 3651(a), 4001, 4053, 4065; summary dissolution §2400 et seq.) is as of mid-2026 — verify before acting. Prior results do not guarantee a similar outcome.
