Child Support and Deviation From Federal Guideline Formula

At the Law Office of David P Schwarz our office has fought for the reduction of guideline support in many child support cases. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.

There are certain federal regulations that govern child support in Orange County child support cases. The requirement of a written record is mandatory first and foremost when ordering a child support amount that differs from the statewide uniform guideline formula.

There are several criteria that must be done by the child support court if they choose to deviate from guideline support.

An Orange County child support attorney will clarify for the record the list that the child support Court must fulfill in order to deviate from guideline support. First, the Court must state what the guideline child support amount would be. Secondly they must state what the reason for a different amount other than guideline are. Thirdly, the child support court must show that to order a different amount than guideline is in the best interest of the children.

Moreover, any Child Support lawyer can request the other parties net disposable income, federal income tax filing status, deductions from gross income and the percentage of custodial time the parent uses, the Court must state this information on the record.

In order to get the deviation of the guideline child support the party must rebut a presumption against using the guideline support. The party must show that it would be “unjust and inappropriate” to use guideline support.

A child support lawyer will clarify with the court the several factors the parties can use to rebut the presumption from the deviation from guideline support. These reasons are, when parties enter into a stipulation to lower or raise the child support. Or where the sale of a residence is deferred and the rental value is higher than the mortgage. In addition, where one party has extraordinarily high income and the support payment would exceed the “needs of the children.”

At the Law office of David P Schwarz we will argue to the court for another exception to the deviation of guideline support that occurs under special circumstances. There are times when it would be unjust or inappropriate to award guideline support. An example would be when a child has special medical needs that would require a higher support amount. Or both parents share the child equally and one parent is at disadvantage financially and needs additional money.

At the Law Office of David P Schwarz we have fought for many clients protecting them from any deviation from guideline support in Orange County child support Courts. Whether we fought off a motion to get an order for higher than guideline support or defended motion to get our client to receive less than guideline support. Please contact our office at 949 735 922 or via the web. We can also be contacted via email at dpslaw66@gmail.com.