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Does Child Support Have to Follow California Guidelines in a Carlsbad Divorce

On Behalf of | Sep 17, 2020 | Child Support

As experienced Carlsbad and North County divorce and family law attorneys who have appeared before local courts for decades, we are often asked “Does child support have to follow California Guidelines in a Carlsbad divorce?”

The answer to the Court’s flexibility to allow a deviation in guideline calculations can be both “yes” and “no.”  It actually depends upon your unique circumstances, as well as the legal skill and experience of your divorce and family law attorney.

Yes, the first calculation is always based upon California’s Child Support Guidelines and these must be provided to the Court as a starting point.

The Judge in your case will almost always begin with a question regarding the guideline numbers in your case.  However, the guideline calculator does not go high enough for many California households.  What happens in these cases?

Does child support have to follow California Guidelines in a Carlsbad divorce?  In some cases the answer is “no.”  It is possible to deviate from California child support guidelines when it is justified by other factors in your case.

For example, if the income of each parent is roughly equal and the child custody and parenting time duties are divided equally one could argue there is no basis for child support at all. In some cases involving substantial assets there may be tax reasons as the basis for implementing a solution which does not follow California guidelines for child support.

In another example one party may choose to offer the other a greater share of the home’s equity or other community property in order to offset part or all of the child support determined by California’s guideline calculator.  The judge will have the final word when it comes to any agreement which involves child support that deviates from California guidelines.

Will the calculations for child support have to follow California Guidelines in a Carlsbad divorce?  The experienced child support attorneys at Burke & Domercq provide sound counsel informed by decades of trial and practical experience in San Diego and North County family law courts.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.