Deviate from California's Child Support Calculations

Can You Agree to Deviate from California’s Child Support Calculations in a Divorce

Pierre Domercq Child Support

We are often asked “can you agree to deviate from California’s child support calculations in a divorce in Carlsbad or North County?”  Here in California child support is to be based upon the multiple factors contained within the “Guideline Child Support Calculator.”  It may be possible for the couple to agree upon an amount which is different from guideline child support.  The Court will still begin with the guideline calculation, and the parties must present written information (on the record) as to why a deviation from guideline child support is requested.

Generally speaking the request of the Court must include the guideline calculation, the amount the couple is requesting, the reasons for seeking an amount which is different than guideline support and evidence as to why this request remains in the best interests of the child(ren).

The experienced Certified Family Law Specialists at Burke & Domercq, LLP have extensive experience and legal skill in these cases.  There are many reasons to deviate from California’s child support calculations in a divorce which may be requested and approved by the Court.  Each case is unique, and our attorneys will work with you to develop supporting evidence and documentation to support your request.

Often these agreements are the result of mediation.  The parties may wish to offset child support with an increase in spousal support, a balancing adjustment in the division of community property or retirement assets which is financially advantageous to the recipient and the payor of child support, while preserving the best interests of the child(ren).

If you are concerned about whether or not you can deviate from California’s child support calculations in a North County or Carlsbad divorce we invite you to review the recommendations of our clients and the legal industry and contact Burke & Domercq, LLP or call 760-434-3330 to schedule an appointment with one of our skilled attorneys.