In California child support payments are calculated based on a formula provided in the Family Code section 4055, which is presumed to protect the child’s best interest. However, this is a rebuttable presumption, and the parent has a right to prove to the court that the formula would be unjust or inappropriate in their particular case. Cal. Fam. Code § 4057.
A court may decide to vary from the statutory guideline in exceptional circumstances such as, when a person qualifies for a low-income adjustment, the child support amount exceeds the needs of the child, parenting arrangements with time-sharing of the children that would warrant adjustment of child support, and when the court is made aware that a parent is subject to multiple court orders to pay child support arising from different cases. Cal. Fam. Code § 4057. The court usually reviews custody orders when there is a significant change in the parents’ circumstances. There is no strict guideline determining whether a change in circumstances warrants a modification of a child support order. However, a change of circumstances is generally evaluated when it affects a party’s ability to pay or the child support needs. A court rarely finds a child support order is unjust without a change in circumstances. In re Marriage of Usher, 210 Cal. Rptr. 3d 875, 885–86 (2016); Hogoboom & King,The Rutter Group, 2016, p. 17-15, Cal. Practice Guide: Family Law ¶ 17:40.
Under section 4056 of the Family Code, whenever a court decides to vary from the statutory guideline, it is mandatory that the court state; the amount of support that would have been ordered under the guideline formula, the reasons the amount of support ordered differs from the guideline formula amount, and the reasons the amount of support ordered is consistent with the best interests of the children. Failure by the court to state these points may constitute a reversible error if the missing information is not otherwise discernible from the court record. In re Marriage of Hubner, 114 Cal. Rptr. 2d 646, 652 (2001), as modified (Dec. 20, 2001); In re Marriage of Hall 96 Cal.Rptr.2d 772 (2000) ; Rojas v. Mitchell 58 Cal.Rptr.2d 354 (1996).
Excessive Support Decree’s
The issue of disproportionately high child support often occurs in cases where one parent has an extraordinarily high income, and the guideline calculations for child support exceed the actual needs of the child. When the parties involved in child support proceedings disagree on the income of the high-earning parent and cannot agree on the appropriate child support amount, the court must assume the least favorable income scenario for the supporting parent. In re Marriage of Hubner, 94 Cal. App. 4th 175, 114 Cal. Rptr. 2d 646 (2001), as modified (Dec. 20, 2001).A parent who seeks to apply the high-income exception to child support guidelines must demonstrate that following the standard guidelines would be unfair or unsuitable. Cal. Fam. Code § 4057(b)(3). Y.R. v. A.F., 9 Cal. App. 5th 974, 215 Cal. Rptr. 3d 577 (2017), as modified (Mar. 15, 2017). Additionally, they must show that a reduced support amount would still align with the child’s best interests. Id.
Unjustly Low
A court taking into account the parents’ circumstances and station in life may find that a child support order is unjustly low if it fails to meet the financial needs of the children.
Furthermore, courts have consistently acknowledged that when the supporting parent has a lifestyle that significantly surpasses that of the custodial parent, child support should partially account for this more extravagant lifestyle. In re Marriage of Hubner, 252 Cal.Rptr. 428 (1988) ; In re Marriage of Usher, 210 Cal. Rptr. 3d 875, 883 (2016).
Change in Circumstances
Generally, a significant change in circumstances that has greatly impacted a party’s financial situation must be demonstrated before a court will modify a child support order. In re Marriage of Catalano, 251 Cal.Rptr. 370 (1988); In re Marriage of Bodo, 129 Cal. Rptr. 3d 298, 308–09 (2011). Courts aim to prevent the relitigation of the same facts and strongly desire to provide finality in court orders regarding financial support. See In re Marriage of Usher, 210 Cal. Rptr. 3d 875, 884 (2016). “A court abuses its discretion when the court modifies its support order without substantial evidence of a material change in circumstances.” See Id.
A change in a party’s income or salary may not indicate a significant change in circumstances when considering the party’s overall wealth. In re Marriage of Usher, 210 Cal. Rptr. 3d 875, 878 (2016). The courts have held that a parent cannot reduce their responsibility by reducing their earning capacity through unemployment or underemployment, or underutilizing income-producing assets. Id at 888–89.
If you believe you are currently subject to an excessive support decree contact the law office of Darshann Wienick.
