A California divorce can have Child Support set at zero and terminate spousal support if the parties agree that this is what is best for their circumstance. Child support payable by one party to another is not required for a divorce to be approved in Riverside County, and spousal support can be terminated. This information is rarely given to potential clients who speak to an attorney’s office. A paralegal will often provide factual information that informs the parties of their choices rather than pushing the parties in a particular direction, usually a court fight.
When two people agree on the issues, they may enter into a Marital Settlement Agreement utilizing divorce mediation provided by a paralegal. This agreement is submitted with the Judgment and becomes the order of the court when it is approved by the court. As long as the correct legal language is used, child support can be set at zero, and spousal support can be terminated, with neither party paying or receiving support. Few attorney’s offices discuss this properly with potential clients, instead steering families toward a court fight or insisting one party must pay the other. Attorneys often feel they have not done their job and will be sued if they don’t advocate for support payable by one party to the other. Support payable by one party to another is not mandatory to have a divorce approved by the court.
If the parties agree, the issue of child support can be reserved for future determination and set at zero in the Marital Settlement Agreement. Unlike spousal support, the right to request and have child support ordered payable by one party to the other cannot be terminated. Child support is the right of the children, a job loss or other changes could necessitate one party requesting support in the future. However, if at the time of the dissolution the parties agree that neither party will pay child support to the other, that agreement can be written into their marital settlement agreement.
Regarding spousal support, if neither party wishes support to be paid, spousal support can be forever terminated. In marriages of a long duration, over 20 years perhaps, and given certain circumstances such as the age and health of the parties, sometimes spousal support is also reserved for future determination. However, many of the marital settlement agreements submitted to the court terminate spousal support forever and those agreements are routinely approved by the court.
In order to receive factual information about child and spousal support, call California Divorce Paralegal Kristin Harrison at (951) 795-3900 to discuss your case. We provide Divorce Mediation services for Murrieta, Temecula, Menifee, and the surrounding communities.