“A support order is a child, family or spousal support order (FC 3650). Pursuant to FC 4053, the courts must adhere to the following principles when implementing the child support statewide uniform guideline: (a) A parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life. (b) Both parents are mutually responsible for the support of their children. (c) The guideline takes into account each parent’s actual income and level of responsibility for the children. (d) Each parent should pay for the support of the children according to the parent’s ability. (e) The guideline seeks to place the interests of children as the state’s top priority. (f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. (g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children’s living standards in the two homes. (h) The financial needs of the children should be met through private financial resources as much as possible. (i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children. (j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation. (k) The guideline intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula. (l) Child support shall ensure that children actually receive fair, timely, and sufficient support reflecting the state’s high standard of living and high costs of raising children compared to other states.
The child support formula is to be used except where the application of the formula would be unjust or inappropriate. A court must adhere to the statewide uniform guideline and can deviate from the guideline only in the special circumstances where the court finds a good cause to deviate (FC 4052, CRC Rule 5.260(b)).
If a court order for child support differs from the guideline amount set forth at FC 4055, the court must state, in writing or on the record, the following information: (a)(1) The amount of support that would have been ordered under the guideline formula. (2) The reasons the amount of support ordered differs from the guideline formula amount. (3) The reasons the amount of support ordered is consistent with the best interests of the children.”
(LW Greenberg, California Family Law.)
