In California, guideline child support is the presumed amount necessary for support. The family law courts are required to follow the guidelines provided for in the approved computer programs used by the court when setting child support orders.
Deviation from these guidelines for child support is allowed where evidence shows that application of guideline support would be unjust or inappropriate in that particular case because of one or more of five factors are found by a preponderance of the evidence. These five factors provided in Family Code section 4057 are as follows:
1. Both parents have stipulated to a different amount of child support;
2. The sale of the family residence is deferred and the rental value of the residence exceeds the mortgage, homeowner’s insurance and property taxes;
3. The parent being order to pay child support has an extraordinarily high income and the amount determine under the formula would exceed the needs of the child;
4. A parent is not contributing to the needs of the child at a level proportionate with that parent’s custodial time; and
5. Application of the formula would be unjust or inappropriate due to special circumstances in the particular case.
The factors do no include the ability to pay. The California Family Code statute allows a departure from the guideline amount only under special circumstances. The ability to pay cannot be the sole justification for deviating from the guideline amount of child support.
It is important to remember that a child support order can be legally enforced until your child reaches the age of majority. If the child support order that is made is even $100.00 a month incorrect, it can cost you thousands of dollars that you may not be legally obligated to pay. It is vital that when you are facing an issue of child support that you meet with an experienced family law firm who can provide you with the correct amount of child support you should be paying. Feel free to call Wallin and Klarich toll free at 1-888-749-7428. We will be there to help you when you call.
