The calculation of child support is much more than simply punching basic numbers into the Court’s website support calculator. The purpose of child support is to ensure that each household is fairly responsible for contributing to and attending to the needs and welfare of the child at the heart of the divorce case. While California generally adheres to specific guidelines for determining child support obligations, there are instances where deviations occur from this formula usually crafted to address unique circumstances. As a trusted family law attorney serving Oakland, California, Janice Cho, understands the complexities of the child support guidelines and is here to guide you through the process.
High-Income Cases
In families where both parents are high income earners, the family court may choose to set aside the guideline formula when calculating child support because the child’s needs may be somewhat different in the wealthy household of their parents. The Court may recalculate child support payments (above and beyond the guideline numbers) to reflect not only basic needs but also take into account the current standard of living and the accompanying additional benefits the child enjoyed when the household was intact. The concept of “support” takes on a broader meaning where a child has enjoyed a particularly enriched lifestyle as a result of the parents’ earning capacities.
Shared Physical Custody
When parents share physical custody the calculation of child support may also be impacted to some degree. The guideline support may not fully reflect the financial expenses actually incurred by each household and so may adjust accordingly to better reflect the financial impact actual custodial time has on the household and provide a more balanced distribution of costs on each household for the care of the child.
Extraordinary Expenses
Beyond the obvious everyday expenses, there are any number of extraordinary expenses that occur in the raising of a child of which the Court must be aware and consider in the calculation of child support. Health care, additional academic support services, therapies, hobbies, special sporting interests, or special needs specific accommodations are some of the extraordinary expenses the family court can consider when deviating from the guideline formula. Where there are unique expenses, the Court has the power to award child support beyond the guideline amounts to fund these expenses where it deems it necessary for the wellbeing of the child.
Standard of Living
Where the parents both earn high incomes, the Court can take notice of the enhanced standard of living the child has likely enjoyed and can consider that circumstance when calculating child support beyond guideline amounts. The goal is to evaluate the standard of living the child enjoyed when the family was intact and to try to maintain that standard now that the situation has changed, so that the shift is less dramatic and impactful for the child.
Agreements Between Parents
In some situations, parents come to personal agreement on child support arrangements that may be different from the calculated guideline amounts. Such an agreement will have to be examined and approved by the court before being incorporated into any final divorce settlement, ensuring the continued wellbeing of the child in both households.
How Oakland Child Support Lawyer Janice Cho Can Help
The Law Offices of Janice Cho, APC is a client-oriented law firm specializing in helping individuals understand and resolve child support calculations and disputes efficiently and effectively. Whether negotiating a settlement or conducting litigation to reach an equitable calculation, she is there for you.
Call (510) 925-2651 when you need the assistance of an experienced Oakland child support lawyer.
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