Carlsbad and North County is home to many wealthy families. We are often asked if there is a limit to the amount of child support in a North County or Carlsbad divorce? California does not presently place any limits on the amount which can be ordered or negotiated for child support.
The standard California child support guideline calculator will take into account many variables including but not limited to the amount of child custody and parenting time allotted to each parent, as well as the income of each party. There is an income limit on the guideline calculator itself, but this does not impose a limitation on the actual amount of child support in a case.
There are, however, “rebuttable presumptions” in California’s family law which allow a parent to challenge the presumptions of the guideline calculation. In one example, simple agreement between the parties may be approved and ordered by the judge in your case.
A parent with high income may challenge the calculation if can be established that the guideline figure exceeds the needs of the child. In other cases where parenting time is not equal an argument can be made that the uneven amount of custodial time should be reflected in the amount of support.
The burden is on the payor of child support to prove to the court the amount of guideline support is inappropriate or that lowering the support in question is still in the child’s best interests. Other accommodations may be made as part of the settlement agreement (such as contributions to a college fund, or payment of private education fees) which support this position.
These matters are legally quite complex and it is important to seek the representation of skilled and experienced attorneys at Burke & Domercq. We invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.