When you have a child with another person, supporting your child should be a top priority. Whether you are involved in a paternity case, divorce or legal separation, child support is an issue you will have to face if you have a child with the other party. When facing an issue of child support, it is important you have a skilled Orange County child support lawyer from the experienced law firm of Wallin & Klarich representing you.
In California state courts must apply a uniform guideline amount when awarding child support. The formula used to determine the guideline amount for child support in any case can be found in Family Code Section 4055. Today, courts use computer programs that apply this formula, which considers the child’s time with each parent and each parent’s gross monthly income. The guideline amount calculated by the computer programs is presumed to be correct.
However, it is also essential to note two things when facing a child support issue, which are found under Family Code Section 4052:
1. When the court implements the guideline amount for child support, the court will keep to the parent’s obligation to support his or her child according to the parent’s circumstances in life; and
2. The state’s top priority in implementing guideline child support is the child’s best interest.
Therefore, California provides exceptions from the guideline amount for the courts to use when determining child support. Under Family Code Section 4057, the presumption that guideline is correct may be countered with evidence that demonstrates to the court that the guideline amount would be “unjust or inappropriate” in your particular case. This code section lists several “special circumstances” that the court can take into consideration when deviating from the guideline amount.
In a recent child support case, with Jon Cryer, one of the lead actors in the hit show “Two and a Half Men,” the court applied a “special circumstance” when it deviated from the guideline amount. The court determined that application of the guideline formula would be inappropriate where one parent has a much lower or higher percentage of income used for housing than the other parent. In Mr. Cryer’s case, he had been awarded primary physical custody of his child after the child was taken away from the mother in a dependency case. Mr. Cryer was an extraordinarily high earner—approximately $327,000 per month. Based on the guideline formula, Mr. Cryer would pay $1,141 per month in child support. However, the court determined that it would be unjust to the child if Mr. Cryer paid the guideline amount. The court stated that it was in the child’s best interest for Mr. Cryer to pay $8,000 per month in child support, especially when the ultimate goal of the ongoing dependency matter was to reunify the mother and child, and the support paid would continue to maintain the mother’s residence for the child.
Before going to court, it is important that your Child Support Lawyer in Orange County understand and explains to you when the court can deviate from guideline child support. Wallin & Klarich has experienced Orange County child support lawyers who can help you today and address your child support concerns. Call toll free at 888-749-7428.
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