Does Child Support Have to Follow California Guidelines in North County

Pierre Domercq Child Support

As experienced North County and Carlsbad divorce and family law attorneys who have appeared before local courts for decades, we are often asked “Does child support have to follow California Guidelines in North County?”
The answer is “yes” and “no” and depends upon your unique circumstances. Yes, the first calculation is always based upon California’s Child Support Guidelines and these must be provided a starting point to the Court. The answer is in part “no” because it is possible to deviate from California child support guidelines when it is justified by other factors in your case.
For example, if the income of each parent is roughly equal and the child custody and parenting time duties are divided equally one could argue there is no basis for child support. In some cases involving substantial assets there may be tax reasons as the basis for implementing a solution that does not follow California guidelines for child support.
In another example one party may choose to offer the other a greater share of the home’s equity or other community property in order to offset part or all of the child support determined by California’s guideline calculator. The judge will have the final word when it comes to any agreement which involves child support that deviates from California guidelines.
The experienced child support attorneys at Burke & Domercq provide sound counsel informed by decades of trial and practical experience in North County family law courts. If you have questions about child support in a Carlsbad or North County divorce case we invite you to contact us or call 760-712-3741 to schedule an appointment.