How Child Support Is Determined
Except in high-income-earner cases, the California courts are required to use a specific computer program to determine the amount of child support that should be paid by one parent to the other. The amount of child support that the program determines must be paid is often referred to as a “guideline” support order. The data that is used to calculate a guideline support order has been the subject of extensive litigation over the years because of the financial impact support orders have on parents and their children.
Although a child support order must be based on admissible evidence, the court may consider documents and the testimony of experts as well as the parents themselves to determine how much income parents have available for support purposes. If a parent fails to present admissible evidence on his or her own behalf or make a timely objection to keep inappropriate evidence from being considered by the court, it could result in a child support order that is far above what the supporting parent should be paying or far below what the recipient parent should be receiving. Whether your case involves a parent who earns an unusually high income or one who requires the court to issue a guideline support order, The Law Office of Robert Goldsmith has the experience and knowledge to help you resolve your child support issue.
The strong public policy in favor of providing adequate child support has also led to an expansive use of “earning capacity” in setting a level of support that is consistent with the needs of the child instead of the parent’s actual income. As a result, in certain cases, when determining the amount of child support to be paid, the court has discretion to consider a parent’s earning capacity instead of the parent’s actual income.
Learn How We Can Help You
Child support is a complex issue that requires the consideration of numerous factors. Therefore, whether you are seeking support from the other parent or opposing a request for child support, The Law Office of Robert Goldsmith can help you resolve this issue in an equitable manner. Email the firm or call 949-783-9709 to schedule an appointment and learn more about how we can help you.