CHILD SUPPORT IN CALIFORNIA: CHALLENGING THE GUIDELINE

CHILD SUPPORT IN CALIFORNIA: CHALLENGING THE GUIDELINE

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Simply stated, payment of child support is meant to ensure the financial needs of children are being met by each of their parents.

If you are wondering how to oppose a request for child support in California, it’s important to recognize this topic is about more than just money. Many parents think the purpose of child support is to make sure children have enough for their support. However, that’s only partially correct.

There are seven guiding principles to the California Child Support Guidelines. When determining support, the Court leans upon the principles which include; both parents have an equal obligation to support their children, children are entitled to share in the lifestyle of their parents, and support is based primarily on income and the time each parent spends with their children.

While there are support guidelines in California, the guidelines do not apply in all situations and parents may deviate from said guidelines. For parents who wish to deviate from the guidelines any agreement must implement the twelve principles set forth in Family Code Section 4053 which include: 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 and, each parent’s actual income and level of responsibility for the children should be taken into account.

If parents can agree to implement the principles set forth in Family Code Section 4053 and agree on a set amount of child support which deviates from Statewide Guidelines, they must then enter into a WRITTEN stipulation. In addition to the principles of Section 4053, the stipulation must include the language of Family Code Section 4065.

The issue of child support in California is complex and, in most cases, the details and considerations can easily be overlooked, especially when one (or both) of the parents is self-employed. However, with the assistance of an experienced family law attorney, you can make an informed decision to ensure you and your children are protected.