California has a system in place to determine child support amounts. It provides consistent, predictable results. When one parent earns an exceptionally high amount of money, deviations from that system may be necessary for the sake of fairness. When that’s the case, courts order high-income child support deviation in California.
It doesn’t matter whether the wealth is derived from a successful business, investments, or executive compensation. The state formula can wind up producing figures that feel out of line with meeting a child’s monthly needs. When that happens, the courts can adjust the results of the state-imposed formula.
Our attorneys at Neumann Family Law, A.P.C., can advocate for a fair payment plan.
Understanding California’s Statewide Uniform Guide
The statewide uniform guide used for calculating child support is codified in Family Code Section 4055. It is expressed as:
CS = K [HN – (H%) (TN)]
This formula takes into account three different factors:
- The combined income of both parents
- The percentage of time the higher earner spends with the child
- The net disposable income from the parent who earns more
This allows children to share in the standard of living held by both their parents.
The number that results from applying the formula is presumed to be the correct amount of child support under Family Code Section 4057. The courts are bound by this formula in almost all cases. Even in high-income cases, judges may use the same process to come up with a child support order.
Deviations From the Guidelines Under Family Code Section 4057
In rare situations, Family Code Section 4057 allows the court to deviate from the recommended child support amount. This happens only in cases where one parent makes an extraordinarily high income, causing the guideline amount to excessively exceed the needs of the children.
The Extraordinarily High-Income Exception
California’s child support laws set out a specific test for whether the extraordinarily high-income exception should be applied. You’ll need to establish two facts:
- The paying parent has an extraordinarily high income.
- The guideline amount exceeds the children’s needs.
It’s not about what the parent believes to be excessive. Instead, the courts consider the needs of the child. The burden of proof for the extraordinarily high-income exception lies on the parent providing support. They will need to demonstrate that a lower child support amount would be consistent with the child’s best interests.
The Needs of the Child
It’s important to recognize that the term “needs of the child” refers not only to basic necessities, such as food, clothing, and shelter, but also to sharing a standard of living with the parents. Expenses like private school tuition, travel, and tutoring may reflect the family’s lifestyle, and they are thus considered needs.
Qualifying as an Extraordinarily High Earner
Extraordinarily high earners tend to be high-profile entertainers, professional athletes, tech execs, or exceptionally successful entrepreneurs. Qualifying as an extraordinarily high earner is not dependent on meeting a specific dollar threshold. It’s about context and whether applying the formula produces a child support amount that has exceeded what’s necessary to meet the needs of the child.
To put this into context, the median household income in California is $99,122. High earners typically earn millions of dollars per year. In child support deviation cases, a high earner hires a California child support attorney to argue that the amount of money they would be expected to pay, under the standard guidelines, is unfair and does not support the best interests of the child.
It’s all about striking a careful balance. The guideline provides consistency, but the law also allows for exceptions. In rare situations where the formula produces results that go too far, judges can use common sense to rein it in. If you believe yourself to be in this position, you should hire a lawyer to petition for a deviation from the guidelines today.
FAQs
What Is a Downward Deviation in Child Support?
A downward deviation in child support is a reduction of payments below the standard state formula guidelines. This can be ordered by the court when following the guidelines exactly would be unfair due to special circumstances. Common reasons for a downward deviation in child support include high travel costs for visitations, supporting other dependent children, or a significant loss of income.
How Much Is Most Child Support a Month?
How much child support is a month in California varies on a case-by-case basis. High earners typically pay significantly more in child support than low earners. When determining child support amounts, the Golden State considers factors such as:
- Each parent’s income
- The time each parent spends with the child
- Each parent’s tax filing status
Will Child Support Take Up My Entire Paycheck?
Child support in California will not generally take an entire paycheck, but it can be substantial. Wage garnishment for support is typically capped at 50% to 65% of a parent’s disposable income, depending on factors such as whether the parent is supporting another family and whether there are arrears. Unlike some states, California does not use a fixed percentage of income. Instead, support is calculated using a statewide guideline formula that considers both parents’ incomes and the amount of time each parent spends with the child.
Hire a Child Support Lawyer Today
If you’re interested in or concerned about high-income child support deviation in California, you need to hire a child support lawyer who can explain your rights and obligations. You can work with the attorneys at Neumann Family Law, A.P.C., to resolve the situation. Sara Neumann is a Super Lawyer with 27 years of divorce litigation experience, and Edward Castro is a Super Lawyer with 31 years of experience. * They can handle your child support deviation case fairly. Contact the firm to schedule an initial consultation today.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
Find more like this: Child Support
