Determining Child Support in California

_{Many parents do not understand the method of computation of the amount of child support under California’s statewide guideline. In the wake of the current economic climate in California, parents are struggling with job loss, layoffs and the daily devaluation of their homes. Some may not only be dealing with the breakdown of the family unit but they are suffering a devastating financial collapse that is leading their properties into short sales and foreclosure. Simply put, today’s parents need to better understand the method of computation of their child support obligations so they can better meet these obligations against the backdrop of an uncertain economy.}

_{California Family Code Sections 4050-4076, detail our statewide child support guidelines. On or after July 1, 1992, the legislature determined that all child support orders in our state were to be determined under statewide uniform child support guidelines. These guidelines apply in any judicial or administrative proceeding for child support. There is also case authority in our state providing these guidelines also apply to the support of minor children and any adult disabled child. (In re Marriage of Drake (1997), 53 Cal. App. 4th 1139, 1163, 62 Cal. Rptr. 2d 466.}

_{Legislative Intent Behind The Guidelines:}

_{The actual intent behind California’s child support guideline can be found in Family Code Sections, 4050, 4052 and 4053. Not only must California Courts follow federal regulations for determining the guideline amount of child support, the legislature has set out additional factors for California courts to follow.}

_{California Family Code Section 4053 states as follows:}

_{“4053.  In implementing the statewide uniform guideline, the courts shall adhere to the following principles:}

_{(a) A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.}

_{(b) Both parents are mutually responsible for the support of their children.}

_{(c) The guideline takes into account each parent's actual income and level of responsibility for the children.}

_{(d) Each parent should pay for the support of the children according to his or her ability.}

_{(e) The guideline seeks to place the interests of children as the state's top priority.}

_{(f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.}

_{(g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes.}

_{(h) The financial needs of the children should be met through private financial resources as much as possible.}

_{(i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.}  

_{(j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.} 

_{(k) The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.}   

_{(l) Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states. “}

_{Court’s Discretion To Deviate From The Guideline Amount of Support:}

_{California Family Code Section 4057 indicates the guideline amount of child support, once established, is presumed by the court to be the correct amount of child support to be ordered. However, Family Code Section 4057 also states that the presumption can be rebutted. Plainly stated, evidence may be introduced in court showing that the application of the formula would be “unjust” or “inappropriate” in any given case.  However, evidence that is introduced to rebut the guideline amount of child support is rebuttable by specific statutory factors that can be found in California Family Code Section 4057(b). Some of these factors can include the following, (1) the parties stipulated to a different amount of child support under subdivision (a) of Section 4065; (2) the parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children; (3) a party is not contributing to the needs of the children at a level commensurate with that party's custodial time, (4) application of the formula would be unjust or inappropriate due to circumstances of a particular case (i.e., parents have different time share arrangements for different chidren, parents have substantially equal time share and one parent has much lower or higher percentage of income used for housing when compared to other parent, or cases where children have special medical or other needs that could require child support that would be greater than formula amount.}

_{For a complete review of what evidence can be introduced in court to rebut the guideline child support amount please see the full recitation of California statutory facts found in California Family Code Section 4057(b), or contact our office for a free initial consultation regarding your child support matter at (323) 655-2105.}