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 OBTAINING CHILD SUPPORT
Child support is generally paid to the parent who has custody of the children in order to help provide for the children's needs. Courts are required to uniformly apply state guideline formulas for child support awards. In fact, there is a rebuttable presumption that the amount provided for by the child support guideline formula is the correct child support amount that should be ordered by the court. To rebut the presumption and to get a lower or higher amount of support than the guideline figure, a party must show, and the court must find, that the different support amount proposed is in the child's best interest and that the application of the guideline is unjust for one of the following reasons:
1. The parties have agreed to a different amount.
2. A residence sale has been deferred and the rental value of the house in which the children reside exceeds the total of the mortgage payment, the taxes, and the insurance, in which case no more than the excess amount may be considered as payment of support.
3. One parent has an extraordinarily high income and the support amount per the guideline formula would exceed the child's needs.
4. A party is not contributing to the child's needs commensurate with that party's time with the child.
5. Application of the guideline formula would be unjust in a particular case; if so, the court must state on the record the facts that constitute the special circumstances. Examples of the "special circumstances" that could justify deviation from the guideline include (1) different timeshare arrangements for different children; (2) equal custody but greatly different percentages of income needed for housing; and (3) children with special medical or other needs requiring higher child support.
To comply with federal law, California law provides that when the court deviates from the child support guideline formula, it must state the following: (1) the guideline support amount, (2) the reasons for deviating from the guideline, and (3) why the ordered amount is in the children's best interest.
Child support orders continue until the child for whom child support is being paid attains the age of 18 years and has graduated from high school. However, if the minor child for whom child support is being paid does not graduate from high school at age 18, then child support payments shall continue until the child has graduated from high school or has attained the age of 19 years, whichever occurs first. Of course, the parties may agree in their marital settlement agreement or other similar documents that support will continue beyond the age of 18. If they do so, the court is without power to modify the agreement between the parties on the ground that the child is legally emancipated from reaching 18 years of age.
For more information, please contact Group Law Service at 661-325-3425.
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Changes in the law or the specific facts of your case may result in legal
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