FAQ: Deviating From California’s Child Support Guidelines
Calculating your child support obligation in California is usually quite simple. The uniform child support guidelines implemented in the California family courts generally take the guess work out of how much a parent will owe in child support payments.
However – parents should be aware that they are not necessarily bound to adhere to these guidelines if they come to another arrangement (with plan approval from the judge). Judges, as well, are able to deviate from California’s child support guidelines. Judges may deviate from the California child support guidelines on a case by case basis, in certain situations.
Judicial Deviations
Situations where a judge may choose to deviate from the general California child support guidelines include instances where utilizing the guidelines would represent an injustice to the family. These situations may include, for instance:
A Parent Earns a Very High Income
There are some situations where utilizing the uniform guidelines to calculate child support would result in award amounts that far exceed the children’s actual needs. In these instances the assigned judge may, in their discretion, choose to adjust the child support obligation to an amount that is more reflective of the child’s actual needs.
However, the law does recognize that children should benefit from having a parent that generates a very high income. After all, why should a child be denied the benefit of their parents’ income? The assigned judge will look at each case before them and assess how justice and the child’s best interest will be best served in each unique circumstance.
A Parent Earns a Very Low Income
Similar to the above, just as one parent generating a very high income may result in unjust child support obligations under the uniform rules, a parent who earns a very low income may need to deviate from the standard calculations as well. If utilizing the standard formula would result in a parent being unable to sustain their own necessary living expenses then a judge may choose to implement a downward deviation of support obligation.
Parents take note – what you deem a “necessary” living expense might be very different from what a court of law considers to be a necessary living expense. The court’s primary focus and concern is the best interest and well-being of the child. The California child support obligation guidelines are set in place not as a luxury – but as a base standard for what the state believes a child needs. The court will prioritize the child receiving support, even if that means a parent’s lifestyle has to adjust to account for that ruling.
When the Formula is Unjust or Inappropriate
While California’s uniform standard for child support is a useful tool – there is rarely a time where an absolute rule will be just and fair in every circumstance. This is why the law has developed to allow for judges to use their discretion to make rulings in child support cases that come as close to the marker of fair, reasonable, and just as possible. While always placing the primary focus on the child and their best interest.
Some specifically instances where deviating from the standard rule are actually called out in the law, for example:
- 50/50 custody cases where one parent has a much higher percentage of income going toward sustaining their housing;
- When special needs children with known, extra medical expenses are at issue. It is understood that the cost required to support these children is likely far greater than the average child the guidelines were crafted to protect;
- Cases involving children who have more than two parents
Contact the Law Office of Bradley S. Sandler
The experienced divorce attorney at the Law Office of Bradley S. Sandler can help you navigate every nuance of your own case with confidence and precision. Contact our office today to begin discussions with our team.
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