In the State of California, the courts must set a child support order at the amount that the child support guideline has determined. However, the parents can request a different amount if both agree to set the child support payment at a higher or lower and as this meets certain requirements.
A parent can choose to set a non-guideline support payment if they:
-Have shown that they fully know their child support rights,
-Know the amount that the child support guideline has determined,
-Have proven that they were not pressured or harassed into changing the child support amount,
-Do not already receive public assistance,
-Have not applied for public assistance,
-Fully believe that the new amount for child support would best benefit the child,
-Are fully capable of meeting all the child's needs with the new child support amount,
-Have the new amount approved by a judge.
If parents decide to agree tot he regulared child support guideline amount, then they simply have to sign a stipulation for the amount and will not have to appear before a judge for any further child support agreement. The agreement will be signed by a judge once filed with the court.
