Child support in a divorce or paternity case is based upon the California guideline support calculator. What are the child support deviation factors in San Diego which would allow you to request or agree upon something different than the result of the guideline calculator?
California family law provides a series of factors which the Court may consider when a motion is placed before the Court seeking deviation from the baseline calculation.
While in most cases one of the parties is looking for a way to reduce the amount of child support, it is also possible for a factor to warrant an increase in child support from the guideline calculation. What are some of the child support deviation factors in San Diego Family Courts?
One of the most common reasons for a deviation from baseline child support calculations occurs in cases of a child with special needs. The Court will consider a request based upon extraordinary support environments, education, medical or dental care as well as job training or other necessary expenses.
The Court may consider the agreement of one parent to pay substantial expenses such as private education, lessons, sports or extra-curricular activities.
Another common reason is a new job, substantial raise or increase in income or the loss of income for a payor.
The Court will also consider the amount of parenting time provided for each child. For example, if the majority earner is also the parent with the majority of parenting time the Court may weigh this factor as it considers child support deviation.
Some children have independent financial resources such as inheritances or trusts. In other cases, specific types of income such as Supplemental Security Income (SSI), workers compensation or Social Security Disability Insurance (SSDI) may be considered to be child support deviation factors in San Diego.
The Court will consider any documentable extraordinary expense associated with a child’s care, and reasonable agreements submitted by the parties themselves. The Court will always ask for the baseline calculation and consider deviations from that point.